Bill Text: DE HB146 | 2013-2014 | 147th General Assembly | Draft

Delaware House Bill 146 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Penalties For Offenses Committed Within The Jurisdiction Of The City Of Wilmington.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2013-06-12 - Assigned to Finance Committee in Senate [HB146 Detail]

Download: Delaware-2013-HB146-Draft.html

SPONSOR:	Rep. Bolden & Sen. Henry
	Reps. Baumbach, Keeley

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 146

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PENALTIES FOR OFFENSES COMMITTED WITHIN THE JURISDICTION OF THE CITY OF WILMINGTON.

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

Section 1.Amend Section 4101, Title 11 of the Delaware Code by inserting a new subsection (j) as shown by underlining as follows:

(j)(1)In addition to, and at the same time as, any fine penalty or forfeiture is assessed to a criminal defendant or any child adjudicated delinquent for an offense committed within the jurisdiction of the City of Wilmington, there shall be levied an additional penalty of $25.00 imposed and collected by the courts for crimes or offenses as defined in §233 of this title; provided, however, that the penalty required by this subsection shall not be levied and collected for any violation of Title 21.When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment under this subsection shall not be suspended.

(2)Upon collection of the penalty assessment, the same shall be paid over to the Prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account and paid to the City of Wilmington by January 31st of each year.

SYNOPSIS

This Act requires persons convicted of criminal offenses committed within the jurisdiction of the City of Wilmington to pay a $25.00 penalty to offset the costs incurred by the City to investigate, arrest and participate in the prosecution of such offenses in State court.Traffic offenses committed within the jurisdiction of the City of Wilmington are not subject to the penalty. Given the City of Wilmington's high crime rate, this penalty will help to offset the high price of policing and investigation in the City.