CHAPTER 285

FORMERLY

HOUSE SUBSTITUTE NO. 1 FOR

HOUSE BILL NO. 22

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD AND DRIVERS' LICENSES.

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

Section 1. Amend § 4175(A)(c) of Title 21 of the Delaware Code by deleting the last sentence of that subsection.

Section 2. Amend § 2732 of the Delaware Code by deleting existing Subsection (b) and replacing it with the following:

“(b) Upon receiving a record of the failure of a convicted person to pay a fine, costs or both as described in § 2731(b) of this Title, or to timely complete a course of instruction pursuant to § 4175A or § 4177D, the Department or its successor, shall:

(1) if the convicted person is a resident of this State, forthwith suspend the convicted person’s license until the fine, costs or both have been paid, or the court finds that the person has completed the necessary course of instruction and paid all applicable fees; and

(2) if the convicted person is a nonresident of this State, forthwith suspend the convicted person’s driving privileges in this State and immediately advise the Motor Vehicle Administrator of the state wherein the convicted person is a resident that the convicted person has failed to pay a fine, costs or both, or to timely complete a course of instruction pursuant to § 4175A or § 4177D, and requesting that the convicted person’s license to drive be suspended until the fine, costs or both have been paid, or the court finds that the person has completed the necessary course of instruction and paid all applicable fees.”.

Section 3. Amend § 2756(b), Part II, Chapter 27 of Title 21 of the Delaware Code by adding the word “minimum” thereto in the second sentence between the words “The” and “period” as they are contained therein.

Section 4. Amend § 4177, Part III, Chapter 41 of Title 21 of the Delaware Code by striking the second sentence of Subsection (d)(2) and by substituting in lieu thereof with the following sentence:

“The minimum sentence for a person sentenced under this paragraph may not be suspended.”.

Approved June 29, 2004