SB 123 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, COSTS, PENALTIES, AND FORFEITURES.

McBrideBrown &DELAWARE Sen.STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.

Poore2 &TO Rep.SENATE BILL NO.

Cooke123 &AMEND Rep.Senate Bill No.

Chukwuocha123 &by Rep.inserting the following after line 39 and before line 40:

Dorsey“Section Walker2. Sens.

Brown,Amend Cloutier,§ Hansen,4104, Lockman,Title Paradee,11 Sokola,of Sturgeon,the Walsh;Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Reps.§ 4104.

Baumbach,Fines, Bolden,costs Heffernan,fees, K.costs, assessments, or restitution;

Johnson,how Lynn,collected; Matthews, Minor-Brown, Osienski DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE BILL NO.

123holding ANoperator's ACTlicense TOas AMENDsecurity TITLEfor 11payment. OF THE DELAWARE CODE RELATING TO FINES, COSTS, PENALTIES, AND FORFEITURES.

BEsuspending ITdriver’s ENACTEDlicense BYfor THEnonpayment GENERALprohibited. ASSEMBLY OF THE STATE OF DELAWARE:

Section(e) 1.Whenever any person lawfully possessed of an operator's license theretofore issued to the person by the Division of Motor Vehicles of the Department of Transportation of the State, or under the laws of any other state or territory, or of the District of Columbia, shall be arrested and charged with any violation of the traffic or criminal laws of this State, or of any political subdivision thereof, a court, as a condition of sentencing, may take and hold, as security for the payment of any fine, costs, restitution or Victims Compensation Fund assessment, the operator's license so issued to the defendant.

AmendNeither Chapterthe 41,Division Titleof 11Motor Vehicles of the DelawareDepartment Codeof byTransportation makingnor deletionsa ascourt shownmay bysuspend strikea throughdefendant’s anddriver’s insertionslicense as showna bypenalty underlinefor asnonpayment follows:of a fine, fee, cost, or assessment.

§(1) 4107.A defendant whose driver’s license was suspended before July 1, 2020, only as a penalty for nonpayment of a fine, fee, cost, penalty, or assessment is eligible for restoration of the defendant’s driving privileges.

Alternative(2) sentence;The Division of Motor Vehicles of the Department of Transportation shall develop policies and procedures to implement the restoration of driving privileges under paragraph (e)(1) of this section.

dischargeThe ofDivision feesshall orimplement finesthese throughpolicies earnedand credits.procedures by July 1, 2020.

(a)(3) ForA purposesdefendant ofwho thisseeks section,to “feesrestore orthe fines”defendant’s meansdriving fines,privileges courtunder costs,paragraph or(e)(1) assessments imposed as part of athis sentencingsection order,may but does not includebe restitutionrequired orto pay a penaltyfee assessmentto levieddo underso. § 9016 of this title for the Victim’s Compensation Fund.

(b)(f) IfAny aperson courtwhose ordersoperator's alicense personhas convictedbeen ofdeposited with a crimecourt, underpursuant Titlesto 11subsection or(e) 16of tothis paysection feesabove, orshall finesbe andissued orders a personreceipt toby bethe incarceratedcourt attaking Levelsaid V,license theupon courta shallform providesubstantially as set forth in itsthis ordersubsection, thatand thethereafter said person mayshall dischargebe thepermitted feesto oroperate finesa throughmotor anvehicle earnedupon creditsthe programhighways establishedof bythe State during the Departmentpendency of Correctionthe case in lieuwhich ofthe payinglicense was taken, unless the feesperson's license or fines.privilege to operate a motor vehicle is otherwise revoked, suspended or cancelled.

(c)LC The: court shall determine the number of hours necessary to discharge the fees or fines at the time the order is entered under subsection (b) of this section.

ForMJC purposes: of this section, the court shall establish the hourly rate in accordance with the then prevailing State minimum wage and shall use the hourly rate to compute the amount of hours necessary to discharge the fees or fines.

CalculationNMX ofPage such1 necessary hours shall include, as deemed appropriate by the court, the defendant’s previously accrued balance of fees2 andReleased: fines.

(d)(1)06/12/2019 The05:03 DepartmentPM ofFORM CorrectionOF shallRECEIPT establishThe throughoperator's itslicense rulesof....., andlicense regulationsnumber..... earned credits programs in education, rehabilitation, work, work readiness, job training, or others as designated by the Commissioner.

Programmingis thatheld qualifies for credits must be exclusively funded, operated, and managed by thethe..... State, a county or municipal governmental agency within the State of Delaware, an incorporated non-profit entity within this State, or a combination thereof.

SDCourt, :State of Delaware, as security for the payment of a fine, costs, restitution or Victims Compensation Fund assessment in Case No......

FJMPlease :accept this receipt as a substitute for that license as provided by Title 11, § 4104(e), Delaware Code, as amended.

CBKPayment Pageis 1due ofby..... 3 Released:

05/29/2019This 03:34receipt PMis (2) The Department of Correction may not compensatevalid aafter personsaid participatingdate. in an earned credits program but shall credit the person with the number of hours of satisfactory service.

(3)Failure Theto Departmentappear ofwill Correctionresult shallin awardlicense earnedsuspension. credits concurrently with wages earned under §§ 6532 and 6533 of this title or good time credits.

(4)An Whenattempt theto numbersecure, ofor hoursthe workedsecuring byof, a personduplicate inoperator's thelicense earnedduring credit program equals the numberperiod ofin hourswhich imposedthis by the court underholds subsectionan (c)operator's oflicense this section, the Department of Correction shall certifybe thisconsidered factas toa thecontempt appropriateof court, and the court shallunder proceed11 asDel. if the fees or fines had been paid in cash.

FeesC., or§ fines1271(3). discharged under this subsection may not be considered as receivables of the court, but the court’s records must document the hours worked by the person.

(e)Judge A[Repealed.] (g) The clerk of the court mayin onlywhich usethe thissentence sectionwas toimposed dischargeand feesfor orwhich finesa dueperson's license was taken as asecurity, resultpursuant to subsection (e) of athis convictionsection, forshall aimmediately crimeforward underto Titlethe 11Division orof TitleMotor 16.Vehicles of the State the license if the person fails to pay by the date indicated in the receipt as prescribed by subsection (f) of this section above.

AThe courtDirector mayof notthe useDivision thisof sectionMotor toVehicles dischargeshall, otherupon financialreceipt obligationsof oweda tolicense so forwarded by the Stateclerk, suspend the operator's license and driving privileges of the defaulting driver until notified by the court that payment of the fine, costs, restitution or otherVictims persons.Compensation Fund assessment has been made.

(f)(1) If beforethe [theperson effectivebe datefrom ofanother thisstate Act]or aterritory personor wasthe convictedDistrict of aColumbia crimeof underthe TitlesUnited 11States, orthe 16Director andof orderedthe toDivision payof feesMotor orVehicles finesshall andfurther toadvise bethe incarceratedmotor atvehicle Leveladministrator V,of the Departmentstate, territory or the District of CorrectionColumbia mayof permitthis theState's personsuspension toand participaterequest inthat ansaid earnedperson's creditlicense programto underdrive thisbe sectionsuspended whileuntil the personfine, iscosts, incarcerated.restitution or Victims Compensation Fund assessment have been paid.

(2)[Repealed.] If(h) theThe personclerk participatesof the court in anwhich earnedthe creditsentence program,was theimposed Departmentand for which a person's operator's license was taken as security, pursuant to subsection (e) of Correctionthis section, shall awardimmediately earnedreturn creditsthe basedperson's onoperator's license upon payment of the thenfine, prevailingcosts, Staterestitution minimumor wage.Victims Compensation Fund assessment within the period as prescribed by the sentencing judge and as reflected in the form set forth in subsection (f) of this section.

(3)[Repealed.]”. The Department of Correction shall notify the Judiciary and other relevant criminal justice agencies of this State that the person has received the earned credits.

TheFURTHER JudiciaryAMEND shallSenate applyBill theNo. earned credits to discharge the person’s fees or fines.

Section123 on line 40 by deleting “Section 2.

This ActAct” is effective upon enactment and isinserting toin belieu implementedthereof the“Section earlier3. of the following:

(1)Section 1 year from the date of thethis Act’sAct”. enactment.

(2)FURTHER NinetyAMEND daysSenate afterBill promulgationNo. of final regulations issued by the Department of Correction under this Act to establish guidelines and procedures to manage the Act and coordinate information sharing with affected stakeholders and the Commissioner of the Department of Correction providing notice to the Registrar of Regulations, published in the Register of Regulations, that the contingency under this paragraph (2) of this section has been fulfilled.