Bill Text: DE SB132 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To The Procedures For The Suspension, Nonrenewal, Or Nonduplication Of Driver's Licenses Or Driving Privileges For The Failure To Resolve Motor Vehicle Charges.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Passed) 2015-08-03 - Signed by Governor [SB132 Detail]
Download: Delaware-2015-SB132-Draft.html
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SPONSOR: |
Sen. Henry & Rep. J. Johnson |
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Sens. Ennis, Townsend; Reps. Bolden, Gray, Hudson, Mitchell, Osienski, Potter, Wilson |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 132 |
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AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE PROCEDURES FOR THE SUSPENSION, NONRENEWAL, OR NONDUPLICATION OF DRIVER'S LICENSES OR DRIVING PRIVILEGES FOR THE FAILURE TO RESOLVE MOTOR VEHICLE CHARGES. |
Section 1. Amend §709, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§709. Payment of motor vehicle fines.
(j) Failure to pay a voluntary assessment. —
(1)a. The voluntary assessment center shall,
pursuant to §2731 of this title, forward to the Division of Motor Vehicles or
its successor the name and address of any driver who was issued a Uniform
Traffic Complaint and Summons for which a voluntary assessment could be made
and who has failed to do one of the following:
a. Failed to pay 1. Pay the voluntary
assessment within 30 days from the date of arrest; and arrest.
b. Not notified 2. Notify the court or
voluntary assessment center within 30 days from the date of arrest, in writing,
that the driver is requesting a hearing on the charge stated in the Uniform
Traffic Complaint and Summons.
3. Appear at trial on the charge stated in the Uniform Traffic Complaint and Summons on the date and time required by the court.
4. Pay the fine on the charge stated in the Uniform Traffic Complaint and Summons in accordance with a deferred payment order.
b. The When the name and address of any
driver has been forwarded to the Division of Motor Vehicles under paragraph
(j)(1)a. of this section, the Division of Motor Vehicles shall then
suspend refuse to renew or issue a duplicate of the driver's license
for Delaware residents, or of a Delaware resident, in accordance with
§2732(g) of this title.
c. When the name and address of any driver has been
forwarded to the Division of Motor Vehicles under paragraph (j)(1)a. of this
section, the Division of Motor Vehicles may suspend the driving privileges
in this State of a nonresident of Delaware and immediately advise the Motor
Vehicle Administrator of the state wherein in which the person is
a resident that the person's license to drive be suspended in accordance with §
2732(g) §2733(m) of this title.
(2) If a driver pays a voluntary assessment more than 30 days after the date of arrest, the voluntary assessment center or court shall provide the driver with a receipt which shall serve as proof to the Division of Motor Vehicles that the fine has been paid, upon request. The driver shall provide the voluntary assessment center with a self-addressed, stamped envelope in order to receive a copy of the receipt by mail. Such payment shall be an admission of guilt, a waiver of the right to a hearing, and a complete satisfaction of the violation, except as provided in paragraph (i)(2) of this section.
(3) If a driver who has failed to pay a voluntary
assessment or request a hearing within 30 days of the date of arrest appears at
court, the charge shall be prosecuted as if the voluntary assessment had not
been permitted and the officer shall swear to the Uniform Traffic Complaint and
Summons prior to trial. The minimum fine provisions of subsection (g) shall not
apply. If the driver who appears pleads not guilty, the court shall provide the
driver with a copy of the appearance bond to provide as proof of court
appearance to the Division of Motor Vehicles or its successor.
(4) The court shall forward to the Division of Motor
Vehicles or its successor the name and address of any driver who fails to
appear for trial on the date and time required by the court, or who fails to
comply with a deferred payment order, on a motor vehicle charge issued under
this section. The Division of Motor Vehicles shall then suspend the driver's
license for Delaware residents, or may suspend the driving privileges in this
State of a nonresident of Delaware and immediately advise the Motor Vehicle
Administrator of the state wherein the person is a resident that the person's
license to drive be suspended in accordance with §2732(g) of this title.
Section 2. Amend §809, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§809. Suspension of license.
When
a person's name and address is forwarded to the Division of Motor Vehicles
pursuant to §808(b) of this title and the offense was 1 for which the person
received personal service of the notice or summons, or the offense was 1 for
which service was made by mail and the person has either requested a hearing
and failed to appear or been found responsible for the offense and failed to
pay the civil penalty, costs, or both both, either at the time of
the order or in accordance with a payment schedule, the Division of Motor
Vehicles:
(1) If the person is a resident of this State, shall
Shall forthwith suspend the person's driver's license of
a resident of this State, unless the person's name and address was forwarded to
the Division of Motor Vehicles under
§709(j) of this title, in which case the provisions of §709(j) of this title
shall apply. or;
(2) If the person is a nonresident of this State, may
May suspend the person's driving privileges in this State of a
nonresident of this State and immediately advise the motor vehicle
administrator of the state wherein in which the person is a
resident that the person's license to drive be suspended until proof is
provided that the person has paid the civil penalty, costs, or both, or
has appeared in court following a default in appearance or payment and made
arrangements to pay the civil penalty or penalty, costs or
both , or both, or has had a default judgment vacated and been found
not responsible.
Section 3. Amend §2731, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§2731. Duty of courts and police officers.
(c)
The voluntary assessment center shall forward to the Department or its
successor a record of the name and address of each person who has been
given a Uniform Traffic Complaint and Summons on which a voluntary assessment
was permitted pursuant to §709 of this title and who has failed to do any
of the following: (1) has failed to pay the voluntary assessment within
30 days from the date of arrest; and (2) has not notified the court or
voluntary assessment center with 30 days from the date of arrest, in writing,
that the person wishes to have a hearing on the charge stated in the Uniform
Traffic Complaint and Summons; or (3) has failed to appear at trial on such
charge(s) on the time and date required by the court; or (4) has failed to pay
the fine on such charge(s) in accordance with a deferred payment order, the
Department or its successor shall: (1) if the person is a resident of this
State, forthwith suspend the person's license until the person provides
evidence to the Department that the fine has been paid, or that the person has
appeared before the court and made arrangements to take care of the charge(s);
or has been adjudicated not guilty; and (2) if the person is a nonresident of
this State, the Department may suspend the person's driving privileges in this
State and immediately advise the motor vehicle administrator of the state wherein
the person is a resident that the person's license to drive be suspended until
the person provides evidence that the fine has been paid, or that the person
has appeared before the court and made arrangements to take care of the
charge(s) or has been adjudicated not guilty.
(1) Pay the voluntary assessment within 30 days from the date of arrest.
(2) Notify the court or voluntary assessment center with 30 days from the date of arrest, in writing, that the person wishes to have a hearing on the charge stated in the Uniform Traffic Complaint and Summons.
(3) Appear at trial on the charge stated in the Uniform Traffic Complaint and Summons on the date and time required by the court.
(4) Pay the fine on the charge stated in the Uniform Traffic Complaint and Summons in accordance with a deferred payment order.
Section 4. Amend §2732, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§2732. Mandatory revocation or suspension of license or refusal to renew or issue a duplicate license.
(g) Upon receiving a record that a person has
been given a Uniform Traffic Complaint and Summons indicating that a voluntary
assessment may be made and that such person: (1) has failed to pay the voluntary
assessment within 30 days from the date of arrest; and (2) has not notified the
court or voluntary assessment center within 30 days from the date of arrest, in
writing, that the person wishes to request a hearing on the charge(s) stated in
the Uniform Traffic Complaint and Summons; or (3) has failed to appear at trial
on such charge(s) on the time and date required by the court, or (4) has failed
to pay the fine on such charge(s) in accordance with a deferred payment order,
the Department or its successor shall (1) if the person is a resident of this
State, forthwith suspend the person's license until the person provides
evidence to the Department that the fine has been paid or that the person has
appeared before the court and made arrangements to take care of the charge(s)
or has been adjudicated not guilty; and (2) if the person is a nonresident of
this State, the Department may suspend the person's driving privileges in this
State and immediately advise the motor vehicle administrator of the state wherein
the person is a resident that the person's license to drive be suspended until
the person provides evidence that the fine has been paid or that the person has
appeared before the court and made arrangements to take care of the charge(s)
or has been adjudicated not guilty. When the name and address of a
resident of this State has been forwarded to the Department under §2731(c) of
this title, the Department shall refuse to renew the person's license or issue
any duplicate license to the person until the person provides evidence to the
Department that any of the following has occurred:
(1) The fine on the charge stated in the Uniform Traffic Complaint and Summons has been paid.
(2) The person has appeared before the court and made arrangements to take care of the charge stated in the Uniform Traffic Complaint and Summons.
(3) The person has been adjudicated not guilty of the charge stated in the Uniform Traffic Complaint and Summons.
Section 5. Amend §2733, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§2733. Discretionary suspension or revocation of license or driving privileges.
(l) Except when the name and address of a
resident of this State has been forwarded to the Department under
§2731(c) of this title, The the Department may, upon
receiving a record, notice notice, or certification of
noncompliance by a person for a citation, summons, ticket ticket,
or other document issued by an arresting officer for violation of a traffic
law, ordinance, rule rule, or regulation ordering the arrested
motorist to appear, suspend the driver's license and/or or driving
privileges of the person who failed to comply. The Department shall not have
this power of suspension in cases of parking violations.
(m) When the name and address of a
nonresident of this State has been forwarded to the Department under
§2731(c) of this title, the Department may suspend the person's driving
privileges in this State and immediately advise the motor vehicle administrator
of the state in which the person is a resident that the person's license to
drive be suspended until the person provides evidence that any of the following
has occurred:
(1) The fine on the charge stated in the Uniform Traffic Complaint and Summons has been paid.
(2) The person has appeared before the court and made arrangements to take care of the charge stated in the Uniform Traffic Complaint and Summons.
(3) The person has been adjudicated not guilty of the charge stated in the Uniform Traffic Complaint and Summons.
Section 6. This Act becomes effective 180 days after its enactment into law.
SYNOPSIS
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This Act provides that driver's licenses will not be renewed nor will duplicate licenses be issued if there are outstanding fines of fees for minor traffic offenses subject to voluntary assessment until such fees are paid by the license applicant. Licenses will not be suspended in these cases. Suspension is reserved for offenses affecting traffic safety such as reckless driving, driving under the influence, leaving the scene of an accident, multiple speeding or other offenses. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. |
Author: Senator Henry
