CHAPTER 134

FORMERLY

HOUSE BILL NO. 75

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21, CHAPTER 28 OF THE DELAWARE CODE RELATING TO HABITUAL OFFENDERS.

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

Section 1. Amend Title 21, Section 2802(1)(d) of the Delaware Code by inserting the following at the end of that subsection:

“Notwithstanding the foregoing, if the judge determines that the sole reason that an individual was convicted of a violation of §2701(b) of this Title was because the individual’s driver’s license was suspended, revoked or denied for a failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), then that violation of 2701(b) may not be considered to establish habitual offense status pursuant to §2802(1)(d) of this Title.

Approved July 11, 2003