Bill Text: DE HB59 | 2013-2014 | 147th General Assembly | Draft


Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Accident Reports And Statistics.

Spectrum: Slight Partisan Bill (Democrat 7-4)

Status: (Introduced - Dead) 2013-03-21 - Introduced and Assigned to Public Safety & Homeland Security Committee in House [HB59 Detail]

Download: Delaware-2013-HB59-Draft.html


SPONSOR:

Rep. Keeley & Sen. Peterson

 

Reps. Bennett, Bolden, Brady, Briggs King, Mitchell, B. Short, Smyk, Wilson; Sens. Ennis, Lavelle

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 59

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT REPORTS AND STATISTICS.


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


Section 1.Amend §313(b), Title 21 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

(b) The Department of Safety and Homeland Security shall receive accident reports required to be made by law and shall tabulate and analyze such reports and publish annually or at more frequent intervals statistical information based thereon as to the number, cause and location of highway accidents.Such reports shall be without prejudice, shall be for the information of the Department of Safety and Homeland Security and shall not be open to public inspection, except if: (1) the information sought from the accident report does not disclose any identifying information of any person referenced in the report; (2) the information sought from the accident report does not disclose any identifying information of any reporting person or accident victim; (3) the information sought from the accident report is readily available in electronic format and shall not exceed that data which is collected by the Department of Safety and Homeland Security; and (4) the Department of Safety and Homeland Security finds that the public inspection and release of said information shall promote the interests of public safety.The Department may charge a reasonable fee for accessing the information. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this section but no such report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such accident.

Section 2.Amend §4203(e), Title 21 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

(e) The Department of Safety and Homeland Security may require drivers involved in collisions, or police departments, to file supplemental reports of collisions upon forms furnished by it whenever the original report is insufficient in the opinion of the Department of Safety and Homeland Security.Such reports shall be without prejudice, shall be for the information of the Department of Safety and Homeland Security and shall not be open to public inspection, except if: (1) the information sought from the accident report does not disclose any identifying information of any person referenced in the report; (2) the information sought from the accident report does not disclose any identifying information of any reporting person or accident victim; (3) the information sought from the accident report is readily available in electronic format and shall not exceed that data which is collected by the Department of Safety and Homeland Security; and (4) the Department of Safety and Homeland Security finds that the public inspection and release of said information shall promote the interests of public safety.The Department may charge a reasonable fee for accessing the information.The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this section but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such collisions.


SYNOPSIS

This Bill amends Title 21 of the Delaware Code to allow for the public inspection of information in accident reports when (1) it is for purpose of researching the history of vehicles; (2) the information sought from the accident report does not disclose any identifying information of any reporting person or accident victim; and (3) the Department of Safety and Homeland Security finds that the public inspection of said information shall promote the interests of public safety.This allows the State to provide information to vendors who provide non-identifying information on the history of pre-owned vehicles to consumers who are interested in purchasing such a vehicle.

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