Committee advances bill letting medically suspended drivers keep license for ID while flagging driving status
May 19, 2026 | 2026 Legislature DE, Legislative, Delaware
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The House Public Safety and Homeland Security Committee on Tuesday released H.B. 388, a bill that would let Delawareans who temporarily lose driving privileges for a medical condition keep their physical driver’s license for identification if they sign an affidavit acknowledging they may not operate a motor vehicle.
Representative Berry presented the bill on behalf of Representative Morrison and said the bill is intended to reduce burdens on people who are already coping with a medical event. “Instead of having to surrender your license and pay for a separate ID while you recover, an individual could sign an affidavit in person or electronically,” the sponsor explained.
DelDOT Secretary Shante Hastings told the committee the department sees roughly 4,600 such cases a year and described how the DMV’s system would record a flag marking the person’s loss of driving privileges. “If the individual drives anyway and is pulled over, the officer will run their license and see in the system that they should not be driving,” Hastings said, and explained that the flag would be removed once a medical clearance is provided.
Committee members asked about when a person would receive the affidavit and whether doctor reports already trigger DMV contacts; Hastings said health‑care providers report restrictions to DMV and that DMV would deliver the affidavit for the individual to complete electronically or in person. Members also raised operational questions about timeliness of DMV record updates and asked staff to ensure the process works end to end.
A virtual public commenter, Natalie D’Sabatino Graff, described living with epilepsy and said the bill would reduce cost and stress for people whose licenses are medically suspended. After discussion the committee took a roll‑call vote and moved to release H.B. 388 out of committee so it can proceed in the General Assembly.
The committee’s action advances the bill for further legislative consideration; the record of specific roll‑call votes is in the committee minutes.
Representative Berry presented the bill on behalf of Representative Morrison and said the bill is intended to reduce burdens on people who are already coping with a medical event. “Instead of having to surrender your license and pay for a separate ID while you recover, an individual could sign an affidavit in person or electronically,” the sponsor explained.
DelDOT Secretary Shante Hastings told the committee the department sees roughly 4,600 such cases a year and described how the DMV’s system would record a flag marking the person’s loss of driving privileges. “If the individual drives anyway and is pulled over, the officer will run their license and see in the system that they should not be driving,” Hastings said, and explained that the flag would be removed once a medical clearance is provided.
Committee members asked about when a person would receive the affidavit and whether doctor reports already trigger DMV contacts; Hastings said health‑care providers report restrictions to DMV and that DMV would deliver the affidavit for the individual to complete electronically or in person. Members also raised operational questions about timeliness of DMV record updates and asked staff to ensure the process works end to end.
A virtual public commenter, Natalie D’Sabatino Graff, described living with epilepsy and said the bill would reduce cost and stress for people whose licenses are medically suspended. After discussion the committee took a roll‑call vote and moved to release H.B. 388 out of committee so it can proceed in the General Assembly.
The committee’s action advances the bill for further legislative consideration; the record of specific roll‑call votes is in the committee minutes.
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