CHAPTER 401

AN ACT TO AMEND CHAPTER 3, TITLE 11, DELAWARE CODE, BY ADDING A NEW SECTION MAKING IT A MISDEMEANOR TO LOITER ON STATE SUPPORTED SCHOOL, COLLEGE OR UNIVERSITY PROPERTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 3, Title 11, Delaware Code, is hereby amended by adding thereto a new § 852 to read as follows:

§ 852. Loitering on property of a State supported school, college or university

Any person who loiters or remains in or about the building or grounds of a school, college or university supported in whole or in part with State funds, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same, shall be guilty of a misdemeanor and for each offense shall be fined not less than $25 nor more than $200.

Any constable, or other conservator of the peace, State official or employee, the owner or occupier of such lands or property, his agent or employee, or any other person or persons whom he or any of them may call to their or his assistance, may arrest such loiterer, either with or without warrant, either upon the premises or in immediate flight therefrom, and, if with warrant, then at any place.

The proceedings for commitment and trial of the offender shall be as provided by law as in cases of other misdemeanors.

Approved July 5, 1968.