CHAPTER 135

FORMERLY

HOUSE BILL NO. 96

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND VOLUME 73 OF THE LAWS OF DELAWARE, CHAPTER 408, TITLE 10 OF THE DELAWARE CODE RELATING TO THE FAMILY COURT OF THE STATE OF DELAWARE AND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVERS' LICENSES.

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

Section 1. Amend Title 10 of the Delaware Code by striking “§ 1012(d)” in its entirety and inserting the following thereto:

“(d) Any child actively participating in the Family Court Adjudicated Drug Court Program as a result of a Family Court misdemeanor adjudication may motion the Court for permission to apply for a Level I Learner's Permit or driver's license under the following terms.

1. that no driving privileges, prior driver's license and/or conditional driver's license have been otherwise revoked within the preceding twelve (12) months;

2. that at least sixty (60) days or the length of time prior to licensure required by 23 U.S.C . § 159, whichever is longer, has elapsed since the beginning of the child's active participation in the Family Court Adjudicated Juvenile Drug Court Program and the child has completed at least twelve (12) hours of treatment through the drug treatment provider;

3. in the event that the Court grants the request, and if the child is otherwise qualified, the Division of Motor Vehicles shall grant the child a Level I Learner's Permit or reinstate the child's driving privileges as specified in the Court order; and

4. except for a level one learner's permit, the Court may restrict the driving privileges granted under this Section. These restrictions may include but are not limited to the right to drive to school, work or to the office of a treatment provider.”.

Section 2. Amend § 1012(d) of Title 10 of the Delaware Code by inserting a new "Subsection 1012(d)(5)" to read as follows:

"Notwithstanding any provision of Title 21 or Title 4 of the Delaware Code to the contrary, the adjudication of delinquency in this Program shall not result in the revocation or suspension of a driving license or driving privileges, but the child shall be determined 'not eligible' for licensing by the Court until the child obtains a Court order granting a motion submitted pursuant to this Section."

Section 3. Amend § 2702(e)(5) of Title 21 of the Delaware Code by deleting “, and” before “§ 4764” and inserting in lieu thereof “; § 4764” and by inserting “; and § 1012 of Title 10” after “Title 16”.

Section 4. Amend § 2707 (b) of Title 21 of the Delaware Code by inserting as a new “Subsection (13)” as follows:

“(13) Person deemed ‘not eligible’ by a Family Court Judge or Commissioner pursuant to entry into the Family Court Adjudicated Juvenile Drug Court Program until a further order of the Court permitting licensing.”.

Section 5. Severability Clause. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 6. This Act shall be known as the “Family Court Adjudicated Drug Program Act”.

Section 7. Amend Volume 73, Chapter 408 of the Laws of Delaware by deleting the existing effective date as it appears therein and replacing thereto with the date “January 6, 2003”.

Approved July 11, 2003