Delaware House Bill 259 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: Passed on June 5 2012 - 100% progression
Action: 2012-06-05 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

This Act clarifies the enforcement of Delaware’s driving under the influence statute as it relates to the operation of off-highway-vehicles. Title 21, 4177(c)(4), defines the term “vehicle” to include “any off-highway vehicle as defined in 101(39) of this title” and, but for Title 21, 6833, would allow application of the DUI statute to a person who operates an OHV while under the influence. The provisions of Chapter 68 (Registration and Control of Off-Highway Vehicles) apply in the event that there are conflicts between statutes and Title 21, 6816 controls the operation of an OHV while under the influence of alcohol, presenting a statutory conflict that thereby precludes DUI prosecution when the OHV is used on public roads or without a landowner’s permission. This Act provides that the OHV-DUI provisions apply only to operation on private property when an individual operates an OHV with the express consent of the property owner. It further provides that the DUI provisions of 4177, and its related provisions, will apply whenever the OHV is operated on private property without the owner’s consent, whenever the OHV is operated on public property or thoroughfares, or whenever another person is injured or killed by the operation of the OHV.

An Act To Amend Title 21 Of The Delaware Code Relating To Off-highway Vehicles.

Sen. Patricia Blevins [D]	Sen. George Bunting [D]	Rep. Debra Heffernan [D]	Rep. Earl Jaques [D]
Rep. Helene Keeley [D]	Rep. Harvey Kenton [R]	Sen. David Sokola [D]

2012-05-17 - Senate - Senate Third Reading (Y: 17 N: 3 NV: 0 Abs: 1) [PASS]
2012-04-03 - House - House Third Reading (Y: 33 N: 5 NV: 2 Abs: 1) [PASS]

Date	Chamber	Action
2012-06-05		Signed by Governor
2012-05-17		Passed by Senate. Votes: Passed 17 YES 3 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2012-05-01		Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits
2012-04-03		Assigned to Judiciary Committee in Senate
2012-04-03		Passed by House of Representatives. Votes: Passed 33 YES 5 NO 2 NOT VOTING 1 ABSENT 0 VACANT
2012-04-03		Amendment HA 1 - Passed in House by Voice Vote
2012-04-03		Amendment HA 1 - Introduced in House
2012-03-29		Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 7 On Its Merits
2012-03-08		Introduced and Assigned to Public Safety & Homeland Security Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/b7f475959a4d5ac8852579b90050b140?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+259/$file/legis.html?open
Text	http://legis.delaware.gov/LIS/lis146.nsf/EngrossmentsforLookup/HB+259/$file/Engross.html?open
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/cab4b0ae52a89e50852579d50070d599?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/3bd6af0c3bcf063a85257a0100671005?OpenDocument