Bill Text: DE HB391 | 2011-2012 | 146th General Assembly | Draft
Bill Title:
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2012-06-13 - Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 7 On Its Merits [HB391 Detail]
Download: Delaware-2011-HB391-Draft.html
|
SPONSOR: |
Rep. Scott & Sen. Henry |
|
Reps. J. Johnson, Viola, Willis |
|
HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
|
HOUSE BILL NO. 391 |
|
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE OCCUPANT PROTECTION SYSTEM SAFETY ACT. |
Section 1.Amend §4802(g)(2), Title 21 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(2)a. Any person who is found
to have violated this section in connection with the prosecution of a violation
of any other provision of this title shall in addition to any fine, and at the
same time as any fine is assessed to the defendant, be levied for credit to the
Victim's Rights Fund an additional penalty assessment of 40% not to exceed $20
of every fine, penalty or forfeiture imposed or collected by the court for the
offense under this title.Where there
are multiple offenses under this title involved, the penalty assessment
pursuant to this section shall be based upon a total fine for all offenses but
not to exceed a total additional penalty assessment of $20.When a fine, penalty or forfeiture is
suspended in whole or in part the additional penalty assessment shall not be
suspended.
b. The assessment imposed
herein shall be in addition to the penalty assessment imposed by §9012(a) of
Title 11.
c. Where there is no other
violation of this title in addition to a violation of this section, Any
person who is found to have violated this section shall pay a civil penalty
of $25 shall be imposed.The
failure to wear a seat belt by more than 1 person in the same vehicle at the
same time, as required by this section, shall be treated as a single civil
violation.Justice of the Peace Court
shall have jurisdiction over actions involving this civil penalty.
SYNOPSIS
|
Delaware's seat belt law allows law enforcement to pull over a driver if the driver or anyone in the vehicle is not wearing a seat belt.It is a civil penalty with a fine of $25 plus court costs.However, §§4802(g)(2)a. and b. of Title 21 of the Delaware Code provide that if a police officer charges a motorist with any other Title 21 offense, and the driver or passenger is not wearing a seatbelt, the officer can only issue a seat belt assessment (not a seat belt law citation) to the motorist.This bill amends § 4802(g)(2) to strengthen the state's seat belt law by allowing a law enforcement officer to issue a citation to a driver/passenger for violating the seat belt law regardless of the other offenses committed.By doing so, it will simplify administration of the seat belt law and encourage the use of seatbelts. |
