CHAPTER 257 - OFFENSES AGAINST PRIVATE PROPERTY RELATING TO CONVERSION OF PROPERTY AS BAILEE

AN ACT TO AMEND CHAPTER 150 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO CONVERSION OF PROPERTY AS BAILEE AND PENALTIES.

Be it enacted by the Senate and House of Representatives of -the State of Delaware in General Assembly met (two-thirds of all the members elected to each Branch thereof concurring therein):

Section 1. That Chapter 150 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing 5209 Section 29, and by inserting in lieu thereof the following new Section:

5209. Section 29 (a) Conversion of Property as Bailee; Penalties:--Whoever being a Bailee of money or other property, the subject of larceny (to the value of $100.00 or upwards) shall embezzle or fraudulently convert the same to his own use, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and imprisonment or either according to the discretion of the Court.

(b) Whoever being a Bailee of money or other property the subject of larceny, (to the value of less than $100.00), shall embezzle or fraudulently convert the same to his own use, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding One Hundred Dollars ($100.00) or imprisoned for a term not exceeding one year or both in the discretion of the Court.

(c) The Municipal Court of the City of Wilmington shall have concurrent jurisdiction with the Court of General Sessions to inquire of, hear, try, and finally determine all offenses under Paragraph (b) of this section committed within the corporate limits of the City of Wilmington, and to punish all persons convicted of said offenses, or any of them, agreeable to the laws of this State. The Courts of Common Pleas for the respective counties and the several Justices of the Peace shall have like concurrent jurisdiction to inquire of, hear, try and finally determine all such offenses, except those committed within the corporate limits of the City of Wilmington, and to punish all persons convicted of said offenses, or any of them, agreeable to the laws of this State.

(d) The proceedings under paragraph (c) of this section shall be without indictment by Grand Jury, or trial by petit jury; provided, however, that every person convicted of conversion of property as Bailee in any Court of Common Pleas, in any Magistrate's Court, or in the Municipal Court of the City of Wilmington, shall have the right to an appeal to the Court of General Sessions of the County. No such conviction or sentence shall be stayed pending appeal unless the person convicted shall give bond in an amount and with surety to be fixed by the Judge or Magistrate before whom such person was convicted, at the time such appeal is taken. Such appeal shall be taken and bond given within five (5) days from the time of conviction.

Section 2. No criminal proceeding commenced prior to the date of approval of this Act shall be, in any manner, affected by this Act.

Approved April 23, 1945.