CHAPTER 138

FORMERLY SENATE BILL NO. 150

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER LIII, CHAPTER 8, TITLE 11 OF THE DELAWARE CODE, PROVIDING FOR PERSONS TRESPASSING UPON AND/OR DAMAGING OR DEFACING BUILDINGS AND GROUNDS ON STATE SUPPORTED SCHOOLS, COLLEGES AND UNIVERSITIES AND PROVIDING PENALTIES THEREFOR.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House therefor concurring therein):

Section 1. Amend Subchapter LIII, Chapter 8, Title 11 of the Delaware Code, by adding thereto a new section which shall be known and designated as Section 878, which new section shall read as follows:

§ 878. Trespass upon buildings and grounds on State supported Schools, Colleges and Universities

(a) Buildings and grounds of schools, colleges and universities supported in whole or part by the State of Delaware are declared to be special purpose buildings and grounds. The use of such special purpose buildings and grounds shall not be open to the public generally and shall be confined to bonafide students, staff and faculty of the institution or such other persons who have a specific, legitimate reason for being in or about said buildings or grounds.

(b) Any person refusing or failing to leave such special purpose buildings or grounds, or specific portion thereof, upon being requested to do so by an authorized employee of the school, college or university owning, operating or maintaining the buildings or grounds, if the surrounding circumstances are such as to indicate to a reasonable man that such person has no apparent lawful business to pursue at such place or is acting in a manner disruptive of and disturbing to the conduct of normal operations by such school, college or university shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more

than $1000, or imprisoned for not more than six months, or both, in the discretion of the court.

(c) Any person who willfully damages or defaces any of the buildings, furnishings, statues, monuments, memorials, trees, shrubs, grasses, or flowers on the grounds of such institutions shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1000, or imprisoned for not more than six months, or both, in the discretion of the court. Justices of the Peace shall have concurrent jurisdiction of violations of the section.

Section 2. Should any provision of this Act or the application thereof to any person or circumstance be held invalid for any reason, such invalidity shall not affect the other provisions or other application of this Act which can be given effect without the invalid provision or application, and to this end, all provisions of this Act are hereby declared to be separable.

Approved June 20, 1971.