Delaware General Assembly

CHAPTER 380

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 312

AS AMENDED BY SENATE AMENDMENT NOS. 1, 2 AND 3

Section 1. Amend Section 2118(b) of Title 21 of the Delaware Code by adding the following at the end of the section:

“The Justice of the Peace Court may permit an operator charged under this subsection to provide proof of insurance to the Court by mail or facsimile transmission in lieu of a personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly from the operator’s insurer or the insurer’s agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance is received and accepted by the Court. When proof of insurance is sent by mail or fax, the Court may also accept a guilty plea by mail or fax for any accompanying charge for which a voluntary assessment is permitted under 21 Del.C. §709(e). A guilty plea so accepted shall have the same force and effect as if the operator had made the plea in open court. The Justice of the Peace Court shall enact Court rules to implement the handling of such cases by mail or facsimile transmission. Where proof of insurance is provided by facsimile, the operator’s insurer, or the insurer’s agent or broker must confirm the information by mail and the Justice of the Peace Court must confirm by telephone that the facsimile was sent by the operator’s insurer, or the insurer’s agent or broker.”

Section 2. Amend §2118(p) of Title 21 of the Delaware Code by adding the following before the last sentence:

“The Justice of the Peace Court may permit an operator charged under this subsection to provide proof of insurance to the Court by mail or facsimile transmission in lieu of a personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly from the operator’s insurer or the insurer’s agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance is received and accepted by the Court. When proof of insurance is sent by mail or fax, the Court may also accept a guilty plea by mail or fax for any accompanying charge for which a voluntary assessment is permitted under 21 Del. C. §709(e). A guilty plea so accepted shall have the same force and effect as if the operator had made the plea in open court. The Justice of the Peace Court shall enact Court rules to implement the handling of such cases by mail or facsimile transmission. Where proof of insurance is provided by facsimile, the operator’s insurer, or the insurer’s agent or broker must confirm the information by mail and the Justice of the Peace Court must confirm by telephone that the facsimile was sent by the operator’s insurer, or the insurer’s agent or broker.”

Section 3. This Act shall become effective within six months from the date of its enactment or upon the enactment of implementing Court rules, whichever is sooner.