CHAPTER 387

FORMERLY

HOUSE BILL NO. 924

AS AMENDED BY

HOUSE AMENDMENT NO. I

AN ACT TO AMEND CHAPTER 16, TITLE 16 OF THE DELAWARE CODE RELATING TO LITTER CONTROL AND TO PROVIDE FOR PAYMENT BY MAIL FOR VIOLATIONS OF THE LAW.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Chapter 16, Title 16 of the Delaware Code is amended by striking subsection (a) of Section 1605 and substituting in lieu thereof the following:

"(a) Any person found guilty of violating this Chapter shall be punished by a fine of not less than $25 nor more than $50 for each violation. In addition, any person found guilty of violating this chapter shall, at the discretion of the Court, be required to pick up and remove from any public street, highway, or public or private right-of-way, or public beach, stream, bank or public park any and all litter deposited thereon by anyone prior to the date of execution of sentence."

Section 2. Chapter 16, Title 16 of the Delaware Code is amended by adding thereto a new subsection to be designated as subsection (d) to read as follows:

"(d) Any duly constituted peace officer in the State, who charges any person with any offense under the provisions of this section may, in addition to issuing a summons for such offense, provide the offender with a voluntary assessment form which, when properly executed by the officer and the offender, allows the offender to dispose of the charge without the necessity of personally appearing in the Court to which the summons is returnable. Payments made pursuant to this section shall be remitted to the Court to which the summons is returnable and shall be received by the Court within ten (10) days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order. The fine imposed pursuant to this subsection shall be the minimum fine as provided for in 51605 (a) of this title, plus other costs as may be assessed by law. Voluntary assessment forms, as used in this Section, means the written agreement or document signed by the violator wherein he agrees to pay by mail the fine for the offense described therein together with costs and penalty assessment."

Approved July 10, 1980.