SPONSOR:

Rep. Bush

HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 339

AMEND House Bill No. 339 after line 17 and before line 18 by inserting the following:

“Section 1A. Amend § 4101, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4101. Payment of fines, fees, costs, assessments, and restitution on conviction.

(b)(1) When a court sentence includes a fine, fee, cost, assessment, or restitution, the full amount imposed becomes a judgement against the defendant immediately on sentencing.

(5) Judgments docketed under this subsection are exempt from the provisions of § 4711 of Title 10, which mandate the expiration of judgments and require the renewal of judgements. judgments; however, no such judgment will attach to a parcel of real property for more than 7 years after the convicted person has sold, transferred, or lost ownership interest in that specific parcel of real property. ”.

FURTHER AMEND House Bill No. 339 after line 60 by inserting the following:

“Section 3. If House Bill No. 244 of the 151 st General Assembly does not pass both chambers by July 1, 2022, or does pass both chambers by July 1, 2022, but is not enacted into law, Section 1 of this Act takes effect and Section 1A of this Act does not take effect.

Section 4. If House Bill No. 244 of the 151 st General Assembly does pass both chambers by July 1, 2022, and is enacted into law, Section 1A of this Act takes effect on enactment of House Bill No. 244 and Section 1 does not take effect.”.

SYNOPSIS

This Amendment is necessary to address a potential conflict identified between Section 5 of House Bill No. 244 (151st General Assembly) and Section 1 of this Act. These changes ensure that whether or not House Bill No. 244 passes both chambers and is enacted into law in 2022, the intent of Section 1 of this Act is not affected.