CHAPTER 356

FORMERLY

SENATE BILL NO. 113

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO HANDICAPPED PERSONS' PARKING AREAS.

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

Section 1. Amend § 4183, Title 21 of the Delaware Code, by adding thereto the following new subsection:

"(j)(1) No person shall be convicted of a violation of this section if, prior to conviction, the person produces to the court in which the offense is to be tried proof that a valid handicapped person's registration or disabled person's parking permit was in full force and effect at the time the motor vehicle was parked in the handicapped parking zone in issue. A copy of the vehicle's registration card showing a handicapped plate has been issued to its owner or a copy of the person's disabled person's parking permit is acceptable proof that a valid handicapped person's registration or disabled person's parking permit was in full force and effect at the time the motor vehicle was parked in the handicapped parking zone in issue.

(2) The Justice of the Peace Court shall permit any person charged under this section to provide such proof to the Court by mail or facsimile transmission in lieu of a personal appearance. It shall be the responsibility of the person charged under this section to ensure that such proof is received and accepted by the Court. Prior to dismissing the charges, the Court shall confirm through Division of Motor Vehicles computer records that the proof presented was in full force and effect at all appropriate times. The Justice of the Peace Court shall enact court rules to implement the handling of such cases by mail or facsimile transmission."

Approved July 08,2002