SPONSOR:

Rep. Mitchell & Sen. Ennis

Reps. Briggs King, Jaques, Miro, Osienski, Potter, Viola, Wilson; Sens. Henry, Hocker

HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 84

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, COSTS, PENALTIES AND FORFEITURES.

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

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

(h) In addition to, and at the same time as, any fine or other penalty is assessed to any criminal or traffic defendant or any child adjudicated delinquent, there shall be levied an additional penalty of $15 imposed and collected by the courts for each crime and offense as defined in § 233 of this title or for any civil violation or civil penalty under this title , subchapters IV and V of chapter 47 of Title 16, or Title 21. When a fine or other penalty is suspended in whole or in part, the penalty assessment may not be suspended, except for a violation of § 4129 of Title 21.

SYNOPSIS

This bill provides that civil violations or penalties under subchapters IV and V of Delaware’s Uniform Controlled Substances Act in Title 16 are included as offenses whereby a $15 penalty is assessed for the Fund to Combat Violent Crimes.