SPONSOR:	Rep. Ewing & Sen. Henry

HOUSE OF REPRESENTATIVES

143rd GENERAL ASSEMBLY

HOUSE BILL NO. 432

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PENALTIES FOR THE UNLAWFUL USE OF A DRIVER'S LICENSE.

Section 1. Amend § 2751, Title 21 of the Delaware Code by inserting the following sentence at the end of subsection (r) thereof:

"The foregoing sentence notwithstanding, an individual who violates subsection (e) and/or (j) of this Section by possessing or displaying a driver's license that has been suspended by application of the following statutes shall be guilty of a violation only, provided that the judicial officer adjudicating the charge or charges brought under subsections (e) and (j) has made a factual finding that the defendant was reasonably unaware the driver's license he or she possessed or displayed had been suspended:

Title 4, § 904(f)

Title 11, § 2106(c)

Title 11, § 4101(g)

Title 14, § 2730(c)(7)

Title 14, § 4130(e)(1)

Title 21, § 314(b)

Title 21, § 709(j)(1)(b)

Title 21, § 2118(n)(1)

Title 21, § 2703(d)(5)

Title 21, 2710(e)(5)

Title 21, § 2724(b).".

SYNOPSIS

There are many instances in which drivers may have their drivers' licenses suspended without their knowledge. Title 21, § 2751 of the Delaware Code presently makes it a class B misdemeanor whenever such a driver possesses or displays a license that has been so suspended. This Act amends § 2751 to change the penalty for the unlawful use of a suspended driver's license from a class B misdemeanor to a violation when the suspension resulted from the application of certain enumerated statutes. Those statutes require the suspension of a driver's license when the individual was convicted of underage possession of alcohol (Title 4, § 904(f)); was adjudicated a truant for violation of Title 14, § 2702 (Title 14 § 2730(c)(7)); was expelled from public school (Title 14, § 4130(e)(1)); failed to pay after having given the Division of Motor Vehicles a check that was deemed uncollectible (Title 21, § 314(b)); failed to pay a voluntary assessment (Title 21, § 709(j)(1)(b)); failed to surrender a motor vehicle registration following failure to show proof of insurance (Title 21, § 2118(n)(1)); was convicted of making a misrepresentation on a minor's application for motorcycle license (Title 21, § 2703(d)(5)); was convicted of making a misrepresentation on a minor's ap0poication for Class D license (Title 21, § 2710(e)(5)); or failed to send medical report of driving fitness (Title 21, § 2724(b)); or when the license was forfeited as security for failure to appear (Title 11, § 2106(c)) or as security for failure to pay (Title 11, § 4101(g)).