Bill Text: DE HB128 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Habitual Offenders.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-16 - Signed by Governor [HB128 Detail]
Download: Delaware-2013-HB128-Draft.html
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SPONSOR: |
Rep. Walker & Rep. Smyk & Sen. Ennis |
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Reps. Gray, Hudson, Longhurst, Ramone, M. Smith, Viola; Sens. Henry, Simpson, Lopez, Bonini |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 128 |
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AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO HABITUAL OFFENDERS. |
Section 1.Amend §2805, Title 21 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§2805.Service of Petition; Order to Show Cause.
Upon the filing of the petition, the Court of
Common Pleas shall enter an order incorporating by attachment the aforesaid
abstract and direct the person named therein to appear at the next criminal
session of a time scheduled by the Court and show cause why the
person should not be barred from operating or driving a motor vehicle on the
highways of this State. A copy of the petition, the show cause order and the
abstract shall be served upon the person named therein either by personal
delivery thereof or by deposit of such in the United States mail in an envelope
with postage prepaid, addressed to such person at that person's address as
shown by the records of the Division of Motor Vehicles. The service of the
petition, order and abstract by mail is complete upon the expiration of 4 days
after such deposit of those documents. Service thereof on any nonresident of
this State may be made pursuant to §3112 of Title 10, except that any fee
for such service shall be taxed against the person named in the petition as a
part of the cost of such proceeding.
SYNOPSIS
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This bill modernizes the language of the statute to conform to the current practice of the Court. |
