CHAPTER 208

FORMERLY HOUSE BILL NO. 457

AN ACT TO AMEND CHAPTER 9, TITLE 4, OF THE DELAWARE CODE RELATING TO THE CONFISCATION OF VEHICLES USED IN THE TRANSPORTATION OF UNTAXED ALCOHOLIC LIQUORS.

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

Section 1. Amend Title 4, Section 906 of the Delaware Code, by striking subsection (c) thereof and substituting in lieu thereof a new subsection (c) to read as follows:

(c) In addition to the penalties provided by this section, any vehicle used to transport alcoholic liquor manufactured in violation of Section 905 of this title, shall be deemed confiscated and shall be delivered to, retained by and disposed of by the Commission as provided in Chapter 11 of this title. A vehicle used to transport alcoholic liquor in violation of other sections of this title shall be seized or confiscated under this provision only if it can be proved beyond a reasonable doubt that the transported alcoholic liquor was for use other than personal consumption by the person or his passengers transporting it. This section shall not apply to vehicles operated by common carriers over scheduled routes, or to vehicles in which the sale of alcoholic liquor is licensed.

Approved July 3, 1971.