CHAPTER 231

PROHIBITING BRIBING AT RACING MEETS OR ATHLETIC CONTESTS

AN ACT TO AMEND CHAPTER 100 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "GENERAL PROVISIONS RESPECTING THE POLICE", BY MAKING IT UNLAWFUL TO INFLUENCE OR ATTEMPT TO INFLUENCE THE RESULT OR RESULTS OF CERTAIN ATHLETIC CONTESTS OR RACES AT RACING MEETS LICENSED BY THE DELAWARE HARNESS RACING COMMISSION OR BY THE DELAWARE RACING COMMISSION BY CERTAIN MEANS AND PROVID, ING PENALTIES FOR VIOLATIONS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 100 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by inserting in Article 2 of said Chapter immediately after 3898. Sec. 3. thereof a new Section to be designated 3898A. Sec. 3A., as follows:

3898A. Sec. 3A. Unlawfully Influencing the Results of Athletic Contests and Races; Persons Affected; Acts Prohibited; Penalties:--

(a) Any person who shall, directly or indirectly, give or promise to give, any money or valuable thing, as a bribe, present, or reward, to any person taking part or intending to take part, as a professional or amateur participant, in any baseball, football, basketball, boxing match or sporting contest, with intent to induce such person to lose or cause the loss, or attempt to lose or cause the loss, of any such game, match or contest, by such person or by the team or side of such person, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding Three Thousand Dollars ($3,000.00), or by imprisonment not exceeding three (3) years, or by both fine and imprisonment in the discretion of the Court.

(b) Any person taking part or expecting to take part, in any baseball, football, basketball, boxing match or sporting contest, as a professional or amateur participant, who shall solicit or receive, directly or indirectly, any money or valuable thing, as a bribe, present, or reward, to lose or cause the loss, or to attempt to lose or cause the loss, of such game, match or contest, by such person or by the team or side of such person, shall be guilty of a misdemeanor, and shall be punished upon conviction as provided in paragraph (a) of 3898A. Sec. 3A. hereof.

(c) Any person who shall, directly or indirectly, give or promise to give, any money or valuable thing, as a bribe, present or reward, to any person acting, or intending to act as a referee, umpire, judge, timer, measurer or as an official for any purpose, for any amateur or professional athletic or sporting game, match or contest, with intent to induce such person to act corruptly in making decisions, rulings, interpretations or adjudications or in the performance of his official duties in connection therewith, shall be guilty of a misdemeanor, and shall be punished upon conviction as provided in paragraph (a) of 3898A. Sec. 3A. hereof.

() Any person acting or intending to act as a referee, umpire, judge, timer, measurer or as an official for any purpose, for any amateur or professional athletic or sporting game, match or contest, who shall solicit or receive, directly or indirectly, any money or valuable thing, as a bribe, present or reward to act corruptly in making any decision, ruling, interpretation or adjudication, or in any matter in the performance of his official duties in connection therewith, shall be guilty of a misdemeanor, and shall be punished upon conviction as provided in paragraph (a) of 3898A. Sec. 3A. hereof.

(a) It shall be unlawful and a misdemeanor for any person to influence or attempt to influence the result or results of a race or races conducted by a licensee of the Delaware Harness Racing Commission or by the Delaware Racing Commission by any of the following means:

1. To influence or have any understanding or connivance with any owner. jockey, groom or other person associated with or interested in any stable, horse or race in which any horse participated or is to participate in order to prearrange or predetermine the result of any such race;

2. To attempt to interfere with or interfere with, tamper with, injure or destroy by the use of any narcotic, drug, stimulant, appliance, or by any other means, any horse that is to participate in a running race or a harness race in the State of Delaware, whether such horse be the property of such person or another;

3. To allow or permit a horse over which such person shall have control to participate in a race with the knowledge of any interference with, any tampering with, any injury to, by any narcotic, drug, stimulant, appliance or by any other means;

4. To cause, instigate, counsel or in any way to aid or abet in any interference with, tampering with, injury to or destruction of, any horse that is to participate in a running or harness race in Delaware by the use of any narcotic, drug, stimulant, appliance or by any other means.

(f) The owners of any horse affected as above outlined in sub-paragraphs 2, 3 and 4 of paragraph (e) shall permit any member of the Racing Commission which issued the license for the meet at which or during which any horse was affected as above outlined, or any person appointed by such Commission for that purpose to make such test as the Commission deems proper in order to determine whether any such horse has been so interfered with, tampered with, injured or destroyed by the use of any narcotic, drug, stimulant, appliance or by any other means.

(g) Any person who shall violate any provision of paragraphs (e) or (f) shall be guilty of a misdemeanor and upon conviction thereof shall be imprisoned for not less than one (1) year and not more than five (5) years, or shall be fined not less than One Thousand Dollars ($1,000.00), nor more than Five Thousand Dollars ($5,000.00), or be punished by both such imprisonment and fine in the discretion of the Court.

Approved April 8, 1947.