Delaware General Assembly

Senate Judiciary 1/9/08

The General Assembly has ended, the current status is the final status.

6/21/07

Valihura

Rep. M. Smith
Sen. McDowell

Rep. J. Johnson

AN ACT TO AMEND TITLES 10, 11, 18, 21 AND 30 OF THE DELAWARE CODE RELATING TO THE CREATION AND CLASSIFICATION OF CERTAIN MINOR OFFENSES AS CRIMES, VIOLATIONS OR CIVIL INFRACTIONS AND THE JURISDICTION, PROCEDURES AND RELATED PROVISIONS THEREFROM.

This Act is a reintroduction of HB 158(which was a reintroduction of HS 1 of HB 312 from the 143rd General Assembly.) It is a product of gathering input and recommendations from the various public safety agencies, courts, and other stakeholders that will be responsible for its implementation. The purpose of the Act remains the same as its predecessors; to bring to full effect those recent statutory enactments creating certain traffic offenses that call for civil penalties. It will re-designate most of the motor vehicle offenses currently promulgated by the Delaware Code as “civil infractions”, excepting those which involve driving that causes physical injury, driving while under the influence of drugs or alcohol, reckless driving, aggressive driving, driving while suspended or driving without insurance. Those traffic offenses that will be designated as civil infractions by this Act will carry no possible jail time, be punished by limited fines and, unless expressly permitted by statute, will not be included in a person’s accessible criminal or motor vehicle record. This Act also provides that civil infractions will generally be tried as civil proceedings in the Justice of the Peace Court. This will permit the judiciary and the Attorney General to concentrate the valuable resources currently used to litigate traffic offenses as criminal matters on more serious or complex criminal and motor vehicle matters. Similar legislation was first recommended in the final report of the Delaware Supreme Court’s Committee on Speedy Trial Guidelines which was issued on November 1, 2000. The specific changes brought about by enactment of this Act are as follows: Section 1. Specifically provides that civil infractions are not “crimes or offenses.” Because a respondent is arguably punished by a fine for an “act or omission forbidden by a statute of th[e] State” and all of the civil infractions created were formerly “crimes or offenses” this should be done expressly. Section 2. Introduces a new § 236 to Title 11 that defines the parameters of a civil infraction: (1) no jail time; (2) assessment limited to $1,150; (3) no entry in criminal or motor vehicle record unless expressly permitted by statute. Sections Add original jurisdiction over civil infractions to the Justice of the Peace Court’s jurisdiction 3 - 7. and related or pendant jurisdiction over civil infractions to the jurisdiction of the Court of Common Pleas. Sections Introduce new provisions to Title 11 that set forth the scope of a non- traffic administrative 8-10 stop of a person by a peace officer for the enforcement of civil infraction statutes and provides for summons procedure similar to current § 1907. Sections Make necessary changes to the motor vehicle provisions that provide the power to arrest 11 and 12. without a warrant (21 Del. C. § 701) to ensure no person is subject to an arrest for a civil infraction only. Enables law enforcement officers, who under present law have the power to arrest for such offenses, to stop and issue summonses for the violations now deemed civil infractions. Section 13. Introduces a criminal provision (11 Del. C. § 1257A) similar to resisting arrest for resisting detention for an administrative stop relating to civil infraction. Section 14. Makes necessary changes to the motor vehicle provisions that regulate jurisdiction over summonses for offenses (21 Del. C. § 703) so that jurisdiction over civil traffic infractions is same as that currently set forth in the Code. Section 15. Makes necessary changes to the provisions requiring reporting of motor vehicle offenses to the DMV by courts (21 Del. C. §703A). No civil infraction will be reported to DMV nor shall points be assessed unless required by the statute defining a particular civil infraction. Sections Make necessary changes and additions to the motor vehicle provisions that provide procedures 16 and 17. for handling certain motor vehicle offenses through the voluntary assessment center (21 Del. C. § 709) to ensure that civil infractions may also be handled through the centers and to further ensure that certain designated offenses are not eligible for voluntary assessment.. Sections Makes necessary changes to the provisions requiring assessment of victim’s compensation 18 and 19. assessment (11 Del. C. §9012) and videophone assessment (11 Del. C. §4101(d)) for civil infractions that expressly require such assessments. Certain civil traffic infractions will be subject to those assessments pursuant to Chapter 8 of Title 21. Section 20. Introduces a new Chapter 76 to Title 10 that sets forth the procedures for proceedings related to civil infractions. This new Chapter sets the general guidelines for the handling of such matters. The more specific procedures will be subject to appropriate court rules. Section 21. Deletes the current language of the recently introduced Chapter 8 of Title 21 to permit civil traffic infractions to be handled under the procedures of new Chapter 76 of Title 10 except where specific procedures are otherwise required (e.g., red light cameras, seat belt and parking violations). Sections Converts traffic offenses that are now “criminal” to civil infractions. 22 – 32, - Failure to report change of address (21 Del. C. § 315) 39 – 45, - Notorial fee violation (21 Del. C. § 318) 47 – 48, - New resident vehicle registration violation (21 Del. C. § 2102) 50 – 61, - Vehicle registration and plate violations (21 Del. C. c. 21.) 63 – 74, - Vehicle transfer violations (21 Del. C. c. 25, et seq.) 76 – 79 - Traffic light violations (21 Del. C. § 4108) and 83. - Controlled-access highway violations (21 Del. C. § 4126) - Pedestrian on highway violations (21 Del. C. §§ 4146 & 4148) - Speeding violations (21 Del. C. § 4169) - Speed exhibitions (21 Del. C. § 4172) - Mischief by a motor vehicle (21 Del. C. § 4172A) - Careless/inattentive driving (21 Del. C. § 4176) - Cell phone use/school bus driver (21 Del. C. § 4176B) - Miscellaneous parking violations (21 Del. C. §§ 4178 & 4180) - Following fire apparatus/running over fire hose (21 Del. C. § 4188) - Putting glass, etc., on a highway (21 Del. C. § 4189) - Trespass by a motor vehicle or OHV (21 Del. C. § 4191A) - Biking under the influence (21 Del. C. § 4198J) - Child bike helmet violation (21 Del. C. § 4198K) - Motorized scooter violations (21 Del. C. § 4198N) - EPAMD violations (21 Del. C. § 4198O) - General equipment violations (21 Del. C. c. 43, et seq.) - Abandoned vehicle violations (21 Del. C. c. 44, et seq.) - Seat belt provision (21 Del. C. § 4802(g)(2)c.) - Child restraint violation (21 Del. C. §4803) - OHV violations (21 Del. C. c. 68, et seq.) - Parking in a fire lane (21 Del. C. § 7001) - Funeral procession violations (21 Del. C. c. 71, et seq.) - Motor Carriers Fuel Purchase Law violations (30 Del. C. c. 52, et seq.) Sections Make necessary changes to Chapter 26 of Title 21 to ensure that all Title 21 violations are 33 -35. reported as required by the Uniform CDL Act. Section 36. Imports certain language first introduced through HB 312 into the current red light camera law (21 Del. C. § 4101(d)) to provide courts more effective tools to ensure appearance for proceedings or enforce judgments. Section 37. Makes necessary change to statute setting forth classification of moving offenses to include civil infractions. Section 38. Makes necessary change to statute that provides for increased fines or assessments for violations within highway construction zones. Section 46. Makes necessary change to statute defining aggressive driving offense (21 Del. C. § 4175A) to include civil infractions as underlying behavior. Section 49. Introduces a new Section to Title 21 that sets forth the offense of “operation of a motor vehicle causing injury.” This offense will be a “criminal” driving offense with a sentencing scheme similar to moving violations currently in Chapter 41. It will ensure that those moving violations that result in injury are treated as current “criminal” driving offenses and tried in Court of Common Pleas when charged. Specific provisions are included to insure that evidence of adjudication of this and its companion charge of operation of a motor vehicle causing death will not be admissible in subsequent civil actions. Section 62. Makes necessary changes to general penalty provisions for moving violations under Chapters 41 and 42 (21 Del. C. §4205) so as to convert all remaining general moving violations in those Chapters to civil infractions. Ensures that specific offenses with specific penalties are exempted from this general provision and that Chapter 41 and 42 offenses may be reportable to DMV and subject to points if deemed appropriate. Sections Makes necessary changes to civil seat belt provisions (21 Del. C. § 4802(g)) to conform with 74A - 75. this Act. Sections Makes necessary changes to civil parking provisions (21 Del. C. §§ 7001, 7003, 7004 & 7104) 80 – 82 to conform with this Act. Sections These sections make changes to the Insurance Code to harmonize it with the re-designation of 84 – 86 most of the motor vehicle offenses as ‘civil infractions’ as set forth in this bill. Lastly, the Act provides a staggered implementation with the various provision becoming fully effective on February 1, 2009. The first provisions to become effective will be those that set forth the definitions, structure and procedures for civil infractions (effective October 1, 2007). The second set of provisions consist of those that revise current “civil penalty” statutes so as to conform to the new system for civil infractions and those that convert certain non-moving and equipment violations to civil infractions (effective February 1, 2008). The last set of provisions converts the remaining violations set forth above to civil infractions (effective February 1, 2009). This time will be required to design computer and record-keeping systems, train personnel as to new procedures, and draft and enact necessary court rules. Included in this timeline for implementation are statutorily imposed fiscal reports to be submitted one year before the Act’s full effective date and six months after its provisions take full effect.

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Takes effect upon being signed into law

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