CHAPTER 461

FORMERLY

SENATE BILL NO. 325

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF A VIDEOPHONE FUND.

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

Section 1. Amend. Chapter 41, Title 11 of the Delaware Code by adding subsection (d) to §4101 as follows:

"(d) In addition to, and at the same time as, any fine, penalty or forfeiture is assessed to any criminal defendant or any child adjudicated delinquent, there shall be levied an additional penalty of one dollar ($1.00) imposed and collected by the courts for crimes or offenses as defined in §233 of this title. When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment shall not be suspended.

(1) Upon collection of the penalty assessment, the same shall be paid over to the Prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated the "Videophone Fund," which is hereby created. This Fund is to be administered by the Criminal Justice Council. Funds shall be utilized to cover line charges, maintenance costs and upgrading of videophone systems used by state and local law enforcement agencies and the courts.

(2) For each fiscal year, if the balance in the Videophone Fund exceeds $250,000.00, said funds shall be transferred to the General Fund of the State of Delaware on June 30. The Criminal Justice Council shall submit a detailed spending plan for the use of the videophone funds to the State Budget Director and Controller General no later than September 30 of each fiscal year. No funds shall be expended until the plan is approved by the State Budget Director and the Controller General."

Approved July 9, 1996