CHAPTER 203

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR SENATE BILL NO. 270

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND 58 DELAWARE LAWS, CHAPTER 497, BEING THE NEW CRIMINAL CODE FOR THE STATE OF DELAWARE, BY OFFERING CERTAIN OMNIBUS AMENDMENTS THERETO.

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of all the members elected to each Branch thereof concurring therein):

Section 1. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §222 (5) thereof the ")" after the words "pocket knife" and inserting a ")" after the word "position" and before the ",".

Section 2. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting the word "exclusive" as it appears in §306 (3) (b) thereof.

Section 3. Amend Section 1 of 58 Delaware Laws, Chapter 497, by adding in §404 (1) thereof a "," after the words "after hearing.".

Section 4. Amend Section 1 of 58 Delaware Laws, Chapter 497, by making the small "j" in §462 (1) (e) thereof a capital

Section 5. Amend Section 1 of 58 Delaware Laws, Chapter 497, by inserting in §464 (5) (a) thereof a "," after the word "injury".

Section 6. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting the period after the word "thereof" as the same appears in §467 (3) (a) thereof and inserting in lieu thereof a " ; and".

Section 7. Amend Section 1 of 58 Laws of Delaware, Chapter 497, by placing the words "and he or another person with whom he conspired commits an overt act in pursuance of the conspiracy." as the same appear in §511, §512, and §513 thereof on the next line following the last line of each of the subsection (2) s in the aforesaid sections.

Section 8. Amend Section 1 of 58 Laws of Delaware, Chapter 497, by deleting in §632 (3) thereof the word "disturbance" and inserting in lieu thereof the word "distress".

Section 9. Amend Section 1 of 58 Laws of Delaware, Chapter 497, by deleting in §652 thereof the words "abortion upon herself" and inserting in lieu thereof the words "miscarriage upon herself".

Section 10. Amend Section 1 of 58 Laws of Delaware, Chapter 497, by deleting in §521 (1) thereof the words "of continuous" and inserting in lieu thereof the words "or continuous".

Section 11. Amend Section 1 of 58 Laws of Delaware, Chapter 497, by deleting in §513 (2) thereof the "," as the same appears after the word "felony" and inserting in lieu thereof a ";".

Section 12. Amend Section 1 of 58 Laws of Delaware, Chapter 497, by adding in the second sentence of §475 thereof the words "now charged would have been barred by prosecution for the offense" after the words "the offense" and before the words "as to which".

Section 13. Amend Section 1 of 68 Laws of Delaware, Chapter 497, by deleting in §881 thereof the word "Bribery" as the same appears in the catchline thereof and by inserting in lieu thereof the word "Bribing".

Section 14. Amend Section 1 of 58 Laws of Delaware, Chapter 497, by adding in §840 (c) thereof an "s" to the word "premise", making it plural.

Section 16. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting the word "Bribery" from the title of Subpart G thereof, and inserting in lieu thereof the word "Bribing".

Section 16. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §900 (1) thereof the word "not" and inserting in lieu thereof the word "no".

Section 17. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §906 (2) thereof the word "commidity" and inserting in lieu thereof the word "commodity".

Section 18. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §907 (1) thereof the word "of" and inserting in lieu thereof the word "or".

Section 19. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §1273 thereof the letters "cler", and inserting in lieu thereof the word "clerk".

Section 20. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §1311 (1) thereof the letters "insutls" and inserting in lieu thereof the word "insults".

Section 21. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §850 (2) the words "place or" and inserting in lieu thereof the words "place of".

Section 22. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in the catchline of §862 thereof the word "devises" in the title thereof and inserting in lieu thereof the word "devices".

Section 23. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting §1301 (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

"(d) Obstructing vehicular or pedestrian traffic; or".

Section 24. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §1301 (e) thereof the words "he congregates" and inserting in lieu thereof the word "Congregating" and by deleting the word "refuses" and by inserting in lieu thereof the word "refusing".

Section 25. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §1337 (1) a comma after the words "access and".

Section 26. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §1425 the word "probable" and inserting in lieu thereof the word "reasonable".

Section 27. Amend Section 1 of 58 Delaware Laws, Chapter 497, by striking in §852 thereof the words "is a dealer in property of the sort received and".

Section 28. Amend Section 1 of 58 Delaware Laws, Chapter 497, by adding to §1336 (c) (1) thereof a new sentence to read as follows: "It shall not be unlawful under this section for an officer, employee or agent of any communication common carrier to provide information, facilities, or technical assistance to an investigative or law enforcement officer who, pursuant to this section, is authorized, by the Superior Court, to intercept a wire or oral communication.".

Section 29. Amend Section 1 of 58 Delaware Laws, Chapter 497, by inserting in §1336 (k) thereof the following new paragraph:

"An order authorizing the interception of a wire or oral communication shall, upon request of the applicant, direct that a communication common carrier, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with minimum of interference with the services that such carrier, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at the prevailing rates."

Section 30. Amend Section 1 of 58 Delaware Laws, Chapter 497, by adding in §1336 (g) thereof after the words "stimulant drugs" as the same appear therein the following new words, "controlled substances or counterfeit controlled substances,".

Section 31. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting in §1425 thereof the words "probable cause" and inserting in lieu thereof the words "reasonable cause".

Section 32. Amend Section 2 of 58 Delaware Laws, Chapter 497, by striking in §4205 (1) and (2) thereof the word "maximum" as it appears therein.

Section 33. Amend Section 2 of 58 Delaware Laws, Chapter 497, by striking in §2702 thereof everything after the word "misdemeanors:" and substituting in lieu thereof the following:

"(1) §601 (offensive touching);

(2) §602 (menacing);

(3) §603 (reckless endangering in the second degree);

(4) §611 (assault in the third degree);

(5) §804 (reckless burning or exploding);

(6) §811 (criminal mischief) only if punishable as a misdemeanor;

(7) §820 (trespassing with intent to peer or peep into a window or door of another);

(8) §822 (criminal trespass in the second degree);

(9) §840 (Shoplifting) only if punishable as a misdemeanor;

(10) §841 (theft) only if punishable as a misdemeanor;

(11) §848 (misapplication of property) only if punishable as a misdemeanor ;

(12) §851 (receiving stolen property) only if punishable as a misdemeanor;

(13) §853 (unauthorized use of a motor vehicle);

(14) §861 (forgery) only if punishable as a misdemeanor;

(15) §893 (interference with levied-upon property);

(16) §900 (issuing a bad check) only if punishable as a misdemeanor;

(17) §903 (unlawful use of a credit card) only if punishable as a misdemeanor;

(18) §907 (criminal impersonation);

(19) §1107 (endangering children);

(20) §1241 (refusing to aid a police officer);

(21) §1243 (obstructing firefighting operations);

(22) §1301 (disorderly conduct);

(23) §1311 (harassment);

(24) §1312 (malicious obstruction of emergency telephone calls);

(25) §1315 (public intoxication);

(26) §1322 (criminal nuisance);

(27) §1335 (violation of privacy).

Section 34. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting subsection (b) of §1447 thereof and by substituting in lieu thereof a new subsection (b) to read as follows:

"(b) Notwithstanding the provisions of §4205 of this title, the minimum sentence for a violation of this section shall be not less than five (5) years which minimum sentence shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for parole or probation during such five years."

Section 35. Amend Section 1 of 58 Delaware Laws, Chapter 497, by deleting subsection (2) of §635 thereof and by substituting in lieu thereof the following new subsection (2) :

"(2) In the course of and in furtherance of the commission or attempted commission of any felony not specifically enumerated in §636 of this Title or immediate flight therefrom, he with criminal negligence, causes the death of another person."

Section 36. Amend Section 1 of 58 Delaware Laws, Chapter 497, by striking §407 thereof in its entirety.

Section 37. Amend Section 1 of 58 Delaware Laws, Chapter 497, by striking subsection (1) of §421 thereof and by substituting in lieu thereof a new subsection (1) to read as follows :

"(1) Except as provided in subsection (2) of this section, voluntary intoxication is an affirmative defense in a prosecution for a criminal offense only if it negatives the element of intentional or intentionally."

Section 38. Amend Section 1 of 58 Delaware Laws, Chapter 497, by striking subsection (1) of §432 thereof and by substituting in lieu thereof a new subsection (1) to read as follows :

"(1) In any prosecution for an offense, it is an affirmative defense that the accused engaged in the proscribed conduct because he was induced by a law enforcement official or his agent who is acting in the knowing cooperation with such an official to engage in the proscribed conduct constituting such conduct which is a crime when such person is not otherwise disposed to do so. The defense of entrapment as defined by this Code concedes the commission of the act charged but claims that it should not be punished because of the wrong-doing of the officer originates the idea of the crime and then induces the other person to engage in conduct constituting such a crime when the other person is not otherwise disposed to do so."

Section 39. This Act shall become effective on July 1, 1973 simultaneously with the taking of effect of 58 Delaware Laws, Chapter 497.

Approved July 12, 1973.