Delaware General Assembly

CHAPTER 458

FORMERLY

HOUSE BILL NO. 518

AS AMENDED BY HOUSE AMENDMENT NO. 1

Section 1. Amend Title 21 of §2731 of the Delaware Code by adding as a new subsection (c) as follows:

(c) The Justice of the Peace Court Voluntary Assessment Center shall forward to the Department or its successor, a record of the name and address of each person who has signed a voluntary assessment form pursuant to 21 Del. C. §709 and who has: 1) failed to pay the fine agreed upon in the voluntary assessment within 20 days from the date of arrest; and 2) has not notified the court or voluntary assessment center within 10 days from the date of arrest (excluding Saturday and Sunday), personally or in writing, that he or she wishes to withdraw acceptance of the voluntary assessment and requests a hearing on the charge stated in the voluntary assessment form. Whenever such a person who has not paid the fine agreed upon in the voluntary assessment shall pay, the Voluntary Assessment Center shall provide the person with a receipt confirming that the fine has been paid so that the receipt may be presented to the Department, or its successor, as notice that the fine has been paid. If such person is arrested and prosecuted under 21 Del. C. §709 and found not guilty of the offense charged, the court shall provide a copy of the disposition record to the defendant so that this may be presented to the Department or its successor as notice of the finding.

Section 2. Further Amend §2732 Title 21 of the Delaware code by adding the following as a new subsection (g):

(g) Upon receiving a record that a person has signed a voluntary assessment form and has: 1) failed to pay the fine agreed upon in the voluntary assessment within 20 days from the date of arrest; and 2) has not notified the court or voluntary assessment center within 10 days from the date of arrest (excluding Saturday and Sunday), personally or in writing, that he or she wishes to withdraw acceptance of the voluntary assessment and requests a hearing on the charge stated in the voluntary assessment form, 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 the person has been adjudicated not guilty of the offense agreed to in the voluntary assessment; 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 has failed to pay a voluntary assessment due and owing to this State and request that the person’s license to drive be suspended until the person provides evidence that the fine has been paid or such person has been prosecuted and found not guilty of the offense charged.