CHAPTER 99

FORMERLY

HOUSE BILL NO. 190

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 10 AND 21 OF THE DELAWARE CODE RELATING TO VEHICULAR CRIMES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Title 21 of the Delaware Code by adding a new section to read:

"§4176A. Operation of a vehicle causing death; unclassified misdemeanor.

(a) A person is guilty of operation of a vehicle causing death when, in the course of driving or operating a motor vehicle or OHV in violation of any provision of this chapter other than §4177, the person's driving or operation of the vehicle or OHV causes the death of another person.

(b) Operation of a vehicle causing death is an unclassified misdemeanor.

(c) Notwithstanding any provision of law to the contrary, a person convicted of operation of a vehicle causing death shall for the first offense be fined not more than $1,150 and imprisoned not more than 30 months. For each subsequent conviction under this section the person shall be fined not more than $2,300 and imprisoned not more than 60 months.

(d) The Superior Court has original and exclusive jurisdiction over a violation of this section by a person 18 years of age or older. Notwithstanding any provision of law to the contrary, an offense which is within the original and/or exclusive jurisdiction of another court and which may be joined properly with a violation of this section is deemed to be within the original and exclusive jurisdiction of the Superior Court.".

Section 2. Amend §927(a), Title 10 of the Delaware Code by redesignating paragraphs (13) through (27) as paragraphs (14) through (28) respectively and by adding to §927(a) a new paragraph (13) to read:

"(13) Operation of a vehicle causing death under §4176A;".

Section 3. This Act shall be known as the Warren G.H. Pritchett Act.

Approved June 30, 2003