Delaware General Assembly


CHAPTER 429

FORMERLY

HOUSE BILL NO. 777

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 27 OF TITLE 21 OF THE DELAWARE CODE RELATING TO MANDATORY REVOCATION OF LICENSE.

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

Section 1. Amend Chapter 27, Title 21 of the Delaware Code by striking the present subsections (1) and (2) of paragraph (a) of Section 2732 and substituting in lieu therefore the following:

"§2732. Mandatory Revocation of License.

(a) (1) (a) Upon a conviction of Manslaughter, under Title 11, Section 632, if the manslaughter resulted directly from the use of a motor vehicle, or upon conviction of Vehicular Homicide First Degree, pursuant to 11 Delaware Code §630A, the license or driving privileges or both of the person so convicted shall be revoked for a period of four (4) years.

(a) (1) (b) Upon a conviction of Vehicular Homicide Second Degree, pursuant to 11 Delaware Code, Section 630, or upon a conviction for criminally negligent homicide if the homicide resulted directly from the use of a motor vehicle, the license or driving privileges or both of any person so convicted shall be revoked for a period of three (3) years.

(a) (2) (a) Upon conviction for Assault First Degree, pursuant to Title 11, Section 613 or Assault Second Degree, pursuant to Title 11, Section 612, if the assault resulted directly from the use of a motor vehicle or upon a conviction of Vehicular Assault First Degree, pursuant to Title 11, Section 629, the license or driving privileges or both of any person so convicted shall be revoked for a period of two (2) years.

(a) (2) (b) Upon conviction for Vehicular Assault Second Degree, pursuant to Title 11, Section 628, the license or driving privileges or both of any person so convicted shall be revoked for a period of one (1) year."

Section 2. Amend Chapter 27, Title 21 of the Delaware Code by striking the present Section 2735 in its entirety and inserting in its place the following:

"§2735. (a) Except as otherwise provided in Section 2732, a person whose license is revoked under this chapter shall not be entitled to apply for or receive a new license to drive until the expiration of 1 year from the date such former license was revoked."

Approved July 21, 1982.