Delaware § 9016 Penalty assessment

Delaware Statutes

§ 9016 — Penalty assessment

Delaware·Title 11·Part Victims of Crimes·Ch. 90 COMPENSATION FOR INNOCENT VICTIMS OF CRIME

(a)In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there must be levied an additional penalty of 18% of every fine, penalty, and forfeiture imposed and collected by the courts for crimes or offenses as defined in § 233 of this title, or $10 per offense of conviction, whichever is greater. Where multiple offenses are involved, the penalty assessment must be based on the total fine for all offenses. When a fine, penalty, or forfeiture is suspended, in whole or in part, the penalty assessment must not be suspended; provided, however, that if the penalty assessment herein imposed remains uncollected for a period in excess of 3 years, the courts may expunge the record of the assessment.

(b)The penalty assessment und

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(a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there must be levied an additional penalty of 18% of every fine, penalty, and forfeiture imposed and collected by the courts for crimes or offenses as defined in § 233 of this title, or $10 per offense of conviction, whichever is greater. Where multiple offenses are involved, the penalty assessment must be based on the total fine for all offenses. When a fine, penalty, or forfeiture is suspended, in whole or in part, the penalty assessment must not be suspended; provided, however, that if the penalty assessment herein imposed remains uncollected for a period in excess of 3 years, the courts may expunge the record of the assessment.

(b) The penalty assessment under subsection (a) of this section must be paid to the prothonotary or clerk of court, as applicable, and transmitted to the State Treasury to be deposited in a separate account for the administration of this chapter, designated the “Victims’ Compensation Fund”.

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Legislative History

59 Del. Laws, c. 519, § 1 ; 60 Del. Laws, c. 436, § 9 ; 63 Del. Laws, c. 227, § 1 ; 67 Del. Laws, c. 71, § 2 ; 67 Del. Laws, c. 260, § 1 ; 68 Del. Laws, c. 213, § 2 ; 68 Del. Laws, c. 223, § 1 ; 73 Del. Laws, c. 312, § 36 ; 77 Del. Laws, c. 193, § 1 ; 79 Del. Laws, c. 125, § 3 ; 83 Del. Laws, c. 247, § 12 ; 85 Del. Laws, c. 142, § 4