Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 4 D · 4 R cosponsors

HB 59 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EQUIPMENT VIOLATIONS.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 18, 2020. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 16 sponsors

    4 primary, 12 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 4 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This bill would allow a court of competent jurisdiction to dismiss minor equipment violations upon a showing that repair(s) have been made. The sections include inoperative horn, missing rear-view mirror, improper window tint, and inoperable headlights, taillights, turn signal lights, and lighting on a motorcycle.

Bill Text

What changed in the latest version

25 added · 9 removed

25 line(s) added, 9 removed.

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Latest
Smyk HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Smyk & Rep.
1 TO HOUSE BILL NO.
Carson & Rep.
59 AMEND House Bill No.
Cooke & Sen.
59 on line 6 by deleting "A" after ")" and before "violation" therein and inserting in lieu thereof " In cases where no collision has occurred,".
Ennis Reps.
SYNOPSIS This Amendment limits the violations that may be dismissed before trial to only those situations that did not involve a vehicle collision.
Brady, Bush, Dorsey Walker, Gray, Lambert, Longhurst, Ramone, Schwartzkopf, Yearick;
Sens.
Gay, Hocker, Wilson HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.
59 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EQUIPMENT VIOLATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 4315, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4315.
Penalties for §§ 4301-4316.
(f) A violation of § 4303(c) of this title shall also constitute a moving violation which shall be part of the person’s driving record.
(g) A violation of §§ 4306, 4308, or 4313 may be dismissed before trial if the defendant establishes that repairs have been made so that the vehicle is in compliance.
Section 2.
Amend § 4358, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4358.
Penalties.
Whoever violates this subchapter shall for the first offense be fined not less than $10 nor more than $28.75.
For each subsequent like offense, the person shall be fined not less than $28.75 nor more than $100.
A violation of §§ 4333, 4334, 4336, 4337, or 4351 may be dismissed before trial if the defendant establishes that repairs have been made so that the vehicle is in compliance.
SYNOPSIS This bill would allow a court of competent jurisdiction to dismiss minor equipment violations upon a showing that repair(s) have been made.
The sections include inoperative horn, missing rear-view mirror, improper window tint, and inoperable headlights, taillights, turn signal lights, and lighting on a motorcycle.
RTA :
RDS :
03/09/2021 09:30 AM 0801510091
12/18/2020 09:27 AM 0801510038
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Transportation) in Senate with 3 Favorable, 3 On Its Merits

  4. Assigned to Transportation Committee in Senate

  5. Passed By House. Votes: 41 YES

  6. Amendment HA 1 to HB 59 - Passed By House. Votes: 40 YES 1 NO

  7. Reported Out of Committee (Judiciary) in House with 7 Favorable, 4 On Its Merits

  8. Amendment HA 1 to HB 59 - Introduced and Placed With Bill

  9. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 12 co-sponsors · 46 not signed on

Sponsors (4)

Co-sponsors (12)

Not signed on (46)

46 members have not signed on to this bill.

Show all 46 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

2/3

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 16000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 59 do?
This bill would allow a court of competent jurisdiction to dismiss minor equipment violations upon a showing that repair(s) have been made. The sections include inoperative horn, missing rear-view mirror, improper window tint, and inoperable headlights, taillights, turn signal lights, and lighting on a motorcycle.
Who sponsors HB 59?
HB 59 is sponsored by Kyle Evans Gay, William J. Carson (Democratic), Franklin D. Cooke (Democratic), Gerald W. Hocker (Republican), David L. Wilson (Republican), William Bush (Democratic), Ronald E. Gray (Republican), Larry Lambert (Democratic), Lyndon D. Yearick (Republican), Peter C. Schwartzkopf, Michael Ramone, Valerie Longhurst, Sherry Dorsey Walker, Gerald L. Brady, Bruce C. Ennis, and Stephen Smyk.
What is the current status of HB 59?
This bill has been enacted into law. Introduced December 18, 2020. Enacted.
Where can I track HB 59?
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