CHAPTER 289

FORMERLY

HOUSE BILL NO. 363

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.

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

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

Section 1. Amend § 4103(b) of Title 21 of the Delaware Code by deleting in the first sentence the phrase “fined for the first offense not less than $575 nor more than $2,000, or imprisoned for not less than 60 days nor more than 6 months or both” and replace thereto with “guilty of a class G felony, with a minimum fine of $575 which may not be suspended.”.

Section 2. Further Amend § 4103(b) of Title 21 of the Delaware Code by deleting in the third sentence the phrase “fined not less than $1,150 nor more than $3,450 and imprisoned not less than 60 days nor more than 18 months” and replace thereto with “class E felony, with a minimum fine of $1,150 which may not be suspended.”.

Section 3. Further Amend § 4103(b) of Title 21 of the Delaware Code by adding after "period." the following:

"It shall be an affirmative defense for this Section if the driver proceeds at or below the posted speed limit to a safe location or, at nighttime to a well lit reasonable location and stops the vehicle at that point that the driver is not guilty of this Section.”.

Approved June 20,2006