CHAPTER 247

FORMERLY

HOUSE BILL NO. 318

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING T6 CERTAIN MOTOR VEHICLE OFFENSES.

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

Section 1. Amend Chapter 7, Title 21, Delaware Code by inserting as new § 711 the following:

"§711. Summons or citations in offenses involving injury.

In any matter in which a violation of this Title is alleged to involve physical injury to a person, other than the person charged with the violation, each summons or uniform traffic citation issued by the arresting or investigating officer in the matter shall include thereon a designation that it relates to injury-related offense."

Section 2. Amend § 4201(a), Title 21, Delaware Code by inserting between the first and second sentences § 4201(a) the following:

"The driver shall immediately undertake reasonable efforts to ascertained whether any person involved in the accident was injured or killed. If such accident resulted in injury or death, the driver shall comply with § 4203 of this Title."

Section 3. Amend § 4201, Title 21, Delaware Code by inserting as new § 420I(c) and § 4201 (d) the following:

"(c) Whoever violates subsection (a) of this section shall be fined no less than $230.00 nor more than $1,150.00 or imprisoned not less than 60 days nor more than 6 months.

(d) The Secretary shall revoke the driver's license and/or driving privilege of every person convicted under this section. Such revocation shall be for a period of 6 months."

Section 4. Amend § 4202, Title 21, Delaware Code by deleting subsection (b) of that section and by inserting in lieu thereof the following:

"(b) Whoever violates subsection (a) of this section when that person has been involved in an accident resulting in injury to any person shall be guilty of an unclassified misdemeanor, be fined not less than $1,000.00 nor more than $3,000.00 or imprisoned not less than 1 year nor more than 2 years.

(c) Whoever violates subsection (a) of this section when that person has been involved in an accident resulting in death to any person shall be guilty of a Class A misdemeanor. The provisions of § 4206(a) or § 4217 of Title 11 or any other statute to the contrary notwithstanding, the sentence for such offense shall include a period of incarceration of not less than 1 year nor more than 3 years, the first 6 months of any sentence imposed shall not be suspended.

(d) The Secretary shall revoke the driver's license and/or driver's privilege of every person convicted under this section. Such revocation shall be for a period of 1 year if the person is convicted and sentenced pursuant to subsection (b) of this section. Such revocation shall be for a period of 2 years if the person is convicted and sentenced pursuant to subsection (c) of this section.

(e) Except as provided in § 927 of Title 10, notwithstanding any other law, rule or regulation to the contrary, the Court of Common Pleas shall have original jurisdiction to hear, try and finally determine any violation of this section, and any other violation of any offense set forth in this Title which was allegedly committed during the same incident. The jurisdiction of the justices of the peace over such matters is hereby terminated."

Approved February 10, 1998