CHAPTER 85

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 75

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO COURT SECURITY ASSESSMENTS.

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

Section 1. Amend Chapter 85, Title 10 of the Delaware Code by adding new Section 8505 as follows:

Ҥ 8505. Court security assessment.

(a) All State courts shall assess as part of court costs a supplemental court security assessment not to exceed $10.00 on each initial civil filing and on each criminal, traffic or delinquency charge for which there is a conviction or finding of delinquency or responsibility, or voluntary assessment paid.

(b) Court security assessment funding shall be deposited in a Court Security Fund and maintained separately from the General Fund of the State. This fund shall provide supplemental funding for personnel, equipment and/or training expenses related to judicial branch security.

(c) The Chief Justice shall submit a court security needs plan each fiscal year which shall be approved by the Office of Management and Budget and Controller General.

(d) The funds shall be distributed each fiscal year and shall be based upon the court security needs plan as approved by the Office of Management and Budget and the Controller General. If the plan includes additional funding for Capitol Police, the Capitol Police shall use that funding solely for the uses specified in the court security plan.

(e) There shall be no fee increases to the court security assessment pursuant to this section unless authorized by a further act of the General Assembly.

(f) The court security fund shall be supplemental to existing court security funding and nothing in this Act shall diminish current ongoing budgetary and personnel allocations for judicial branch security services.”

Section 2. Amend § 9801, Title 10 of the Delaware Code by adding a new paragraph before the last paragraph, which starts with the sentence “These rates are absolute.”, to read as follows:

“In addition to the above costs, a security assessment shall be assessed as prescribed in section 8505 of this Title.”

Approved July 05, 2007