SPONSOR:

Sen. Pettyjohn & Sen. Poore & Rep. Bolden & Rep. Dukes & Rep. Wilson

Sens. Ennis, Hocker; Reps. Baumbach, Briggs King, D. Short

DELAWARE STATE SENATE

149th GENERAL ASSEMBLY

SENATE BILL NO. 51

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ELECTRONIC COMMUNICATION DEVICES AND PENALTIES.

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

Section 1. Amend § 4176C, Title 21 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 4176C. Electronic communication devices; penalties.

(d) Whoever violates this section shall for the first offense be subject to a civil penalty of $100. For each subsequent like offense occurring within 3 years of the former offense the person shall be subject to a civil penalty of not less than $200 nor more than $300. For each civil penalty of $100 that is assessed under this subsection, $20 shall be paid over to the State Treasury to be deposited into the Volunteer Ambulance Company Fund, in addition to the $10 penalty assessed pursuant to § 4101(j) of Title 11. For each civil penalty between $200 and $300 that is assessed under this subsection, 20% shall be paid over to the State Treasury to be deposited into the Volunteer Ambulance Company Fund, in addition to the $10 penalty assessed pursuant to § 4101(j) of Title 11.

SYNOPSIS

This Act clarifies the definition of "subsequent offense" to mean a like offense occurring within 3 years of the former offense.

Author: Senator Pettyjohn