SB 28 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS.

Hansen DELAWARE& STATERep. SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.

1Osienski TOSens. SENATE BILL NO.

28Ennis, AMENDLockman, SenateLopez, BillParadee, No.Pettyjohn, Pinkney, Poore, Sturgeon, Townsend, Walsh;

28Reps. on line 43 by deleting “available” between “data” and “public”.

FURTHERBaumbach, AMENDK. Senate Bill No.

28Johnson, onLambert, lineS. 45 by deleting “subsection.” between “this” and “except” and inserting in lieu thereof “subsection,”.

SYNOPSISMoore ThisDELAWARE AmendmentSTATE makesSENATE technical151st correctionsGENERAL toASSEMBLY SenateSENATE BillBILL No.NO.

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1.

Amend § 313, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 313.

Accident statistics and reports;

evidence.

(a) The Department of Safety and Homeland Security shall prepare and may supply to police and sheriff’s offices and other suitable law-enforcement agencies forms for accident reports calling for that require sufficiently detailed information to disclose with reference to a highway accident about the cause, conditions then existing existing, and the persons and vehicles involved.

involved in a highway accident.

(b)(1) The Department of Safety and Homeland Security shall receive accident reports required to be made by law and shall tabulate and analyze the accident reports and publish annually, or at more frequent intervals, statistical information based on the accident reports regarding the number, cause, and location of highway accidents.

(2) All the following applies to a report under this subsection:

a.

The report is without prejudice.

b.

The information in the report is for the Department of Safety and Homeland Security and the Department of Transportation.

c.

Reports are not open to public inspection.

(3) Accident reports made under this subsection are Except as provided under this section, accident reports and any data or statistics derived from an accident report are without prejudice, are solely for the information of the Department of Safety and Homeland Security and the Department of Transportation, and are not a public record under the Freedom of Information Act, Chapter 100 of Title 29.

The fact that an accident report has been made is admissible in evidence solely to prove compliance with this section but no accident report or any part or statement contained in a report is admissible in evidence for any other purpose in any trial, civil or criminal, arising out of an accident.

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01/12/2021 10:16 AM (c)(1) An accident report may be disclosed only to the following:

a.

A person, or the person’s legal representative, who requests a copy of the person’s own accident report.

b.

An insurer, insurance support organization, or a self-insured entity or its agent, employee, or contractor, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.

(2)a.

The person requesting an accident report under paragraph (c)(1) of this section must submit proof of identity and payment of the fee established by the law-enforcement agency with primary jurisdiction over the accident.

b.

A fee under paragraph (c)(2)a.

of this section must approximate and reasonably reflect the amount necessary to defray the costs incurred by the law-enforcement agency to provide a copy of the accident report.

(3) Notwithstanding paragraphs (c)(1) through (c)(2) of this section, an accident report associated with a criminal prosecution may be withheld from disclosure until the criminal prosecution has concluded.