CHAPTER 92

FORMERLY

HOUSE BILL NO. 183

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE USE OF IGNITION INTERLOCK DEVICES.

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

Section 1. Amend § 4177B(a), Title 21, of the Delaware Code by striking the last two sentences at the end of said subsection and by inserting in lieu thereof the following:

“If a person applies for or accepts the first offense election under this section, such act shall constitute agreement to pay the costs of prosecution for the case, and the court shall assess such costs and impose them as a condition of probation. If a person accepts the first offense election under this section, such action shall constitute a waiver of the right to an administrative hearing as provided for in § 2742 of this title and shall act to withdraw any request previously made therefor. If a person accepts the first offense election under this section, and the person has taken a chemical test pursuant to § 2741 of this title, such person may also elect at that time to participate in the First Offense Election - Ignition Interlock Device Diversion described in subsection (g) of this section. For the purposes of this section, costs of prosecution are court costs as established by the appropriate court schedules; and”

Section 2. Amend § 4177B, Title 21, of the Delaware Code by adding the following subsection:

“(g) First Offense Election - Ignition Interlock Device Diversion. If a person accepts the first offense election under this section, such person may also elect at that time to participate in the First Offense Election - Ignition Interlock Device (FOE-IID) Diversion as part of his or her probation. If a person elects to participate in the FOE-IID Diversion, such act shall constitute an agreement to all terms and conditions contained in the Ignition Interlock Device Program set forth in § 4177F of this title and the participant shall waive the right to an administrative hearing as provided for in § 2742 of this title or shall withdraw any request previously made therefor. Failure to comply with any part of this section or § 4177F of this title shall be considered a violation of the participant’s probation for the purposes of subsection (b) of this section.”

Section 3. Amend § 2702(e), Title 21, of the Delaware Code by inserting a new subsection as follows:

“(10) IID license. Authorizes the holder to operate a vehicle with full Class D operators driving privileges only when the vehicle is equipped with an ignition interlock device.”

Section 4. Amend § 4177C, Title21, of the Delaware Code by adding the following subsection:

“(c) Notwithstanding § 4177F of this title, any person subject to a period of voluntary revocation pursuant to § 4177F(f)(1) who has satisfactorily completed a course and/or program established pursuant to § 4177D of this title, shall be permitted to apply for a driver’s license under the following terms:

(1) Payment of all fees under the schedule adopted by the Secretary;

(2) At least 5 months have elapsed since the day an IID was installed on the person’s motor vehicle.”

Section 5. Amend § 4177F(d), Title 21, of the Delaware Code by striking the phrase, “Eligibility. An offender who has been convicted of a 2nd or subsequent offense occurring within 5 years of a prior conviction under any law involving the use, consumption or possession of alcohol while operating a motor vehicle or an offender with no prior offense who refuses a chemical test required pursuant to § 2741 of this title, shall be eligible to receive an IID pursuant to this section if the offender meets the following conditions:” as it appears at the beginning of said section and by substituting in lieu thereof the following:

“Eligibility. An offender who has taken a chemical test required pursuant to § 2741 of this title and has accepted the first offense election pursuant to § 4177B of this title, or who has no prior offense who refuses a chemical test required pursuant to § 2741 of this title, or who has been convicted of a 2nd or subsequent offense occurring within 5 years of a prior conviction under any law involving the use, consumption or possession of alcohol while operating a motor vehicle, shall be eligible to receive an IID pursuant to this section if the offender meets the following conditions:”

Section 6. Amend § 4177F(d)(2), Title 21, of the Delaware Code by striking the subsection in its entirety and by substituting in lieu thereof the following:

“(2) Following revocation, the offender must complete an alcohol evaluation, provide proof of enrollment in a course of instruction and/or program of rehabilitation and pay all associated fees;”

Section 7. Amend § 4177F(f), Title 21, of the Delaware Code by striking said subsection as it appears therein and by substitution in lieu thereof the following:

“(f) Program duration; suspension of sentence. A participant’s license revocation imposed by law shall automatically be suspended upon the participant’s entry into the IID Program and shall be suspended for the duration thereof. By entering the program, the participant consents, among the other conditions of the program, to a voluntary period of license revocation, to wit:

(1) If the revocation period suspended is 12 months, and the participant has elected the FOE-IID Diversion pursuant to § 4177B(f) of this title, the participant’s voluntary revocation period is 12 months and the participant may receive an IID license after 1 month.

(2) If the revocation period suspended is 12 months, and the participant has no prior offense but has refused a chemical test required pursuant to § 2741, the participant’s voluntary revocation period is 14 months, and the participant may receive an IID license after 2 months.

(3) If the revocation period suspended is 18 months, the participant’s voluntary revocation period is 20 months, and the participant may receive an IID license after 6 months.

(4) If the revocation period suspended is 24 months, the participant’s voluntary revocation period is 26 months, and the participant may receive an IID license after 12 months.

The participant shall receive credit towards the voluntary revocation period for the revocation time served prior to entry into the IID program.”

Section 8. Amend § 4177F(g), Title 21, of the Delaware Code by striking the words “a conditional” as they appear in the second sentence therein and by substituting in lieu thereof the word “an”.

Section 9. Amend § 4177F(g), Title 21, of the Delaware Code by striking the word “conditional” as it appears in the third sentence therein.

Section 10. Amend § 4177F(h)(1)(c), Title 21, of the Delaware Code by striking the word “conditional” and the words “,which may restrict driving other than to school, work or DUI related programs” as they appear therein.

Section 11. Amend § 4177F(h)(1)(e), Title 21, of the Delaware Code by striking the words “a conditional” as they appear therein and by substituting in lieu thereof the word “an”.

Section 12. Amend § 4177F(h)(1)(i), Title 21, of the Delaware Code by striking subsection (h)(1)(i) as it appears therein in its entirety and by substituting in lieu thereof the following:

“i. The offender shall continue to meet all eligibility criteria identified in subsection (d) of this section, and specifically, shall successfully complete the course of instruction and/or program of rehabilitation referred to in item (2) of subsection (d) of this section;”

Section 13. Amend § 2742(d), Title 21, of the Delaware Code by inserting the following after the last sentence thereof:

“Notwithstanding the foregoing provisions of this section, if no request is filed within the 15 day period, but the person has entered the FOE-IID Diversion pursuant to §4177B(g) of this title, no revocation herein imposed shall be inconsistent with any revocation imposed by participation in the FOE-IID Diversion.”

Section 14. Amend § 4177F(g), Title 21, of the Delaware Code by striking the word ‘Conditional’ as it appears in the title thereto and by substituting in lieu thereof the term ‘IID’.

Section 15. The Department of Public Safety shall implement the provisions of this act no later than January 1, 2000.

Approved June 30,1999