CHAPTER 416

FORMERLY

HOUSE BILL NO. 473

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DEPARTMENT OF MOTOR VEHICLE RECORDS AND DRIVING DURING SUSPENSION OFFENDERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 2736, Title 21 of the Delaware Code by striking the catchline of said section in its entirety and substituting in lieu thereof, a new catchline, to read:

§ 2736. Notice; Evidence of motor vehicle records."

Section 2. Amend § 2736(b), Title 21 of the Delaware Code by striking the third sentence thereof in its entirety.

Section 3. Amend § 2736, Title 21 of the Delaware Code by adding thereto new subsections, to read:

"(c) In any prosecution under this Chapter, proof of the giving of notice of suspension or revocation in a manner provided for by subsection (b) of this section may be made by:

(1) the certificate of any officer or employee of the Department; or

(2) an affidavit of any person over 18 years of age, naming the person to whom such notice was given and specifying the time, place, and manner of the giving thereof; or,

(2) a computer generated list of those persons whose suspension and/or revocation notices have been electronically processed through a computer interface system of the Department and a Court, such list having been generated electronically at the same time the notice is processed by the computer system.

(d) In the event that one of the means of proof of the giving of notice enumerated in subsection (c) of this section is utilized, then it shall be unnecessary for any employee or agent of the department to appear personally in Court.

(e) In any prosecution under this Code, a conviction record as maintained in the Division of Motor Vehicles, which has been certified by the Director of the Division of Motor Vehicles, may be admitted into evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein and of the status of that persons' driving license and/or privileges. It shall be unnecessary for any employee or agent of the Department to personally appear for the admission into evidence of such conviction record in any proceeding under this Code."

Approved June 30, 1996