CHAPTER 210

FORMERLY

SENATE BILL NO. 211

AN ACT TO AMEND CHAPTER 1, TITLE 7, DELAWARE CODE, RELATING TO THE PROTECTION OF WILDLIFE.

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

Section 1. Amend Section 108 of Chapter 1, Title 7, Delaware Code, by adding thereto a new subsection (f) to read as follows:

(f) (1) No person shall hunt, chase or pursue with the intent to kill, trap, take or have in possession any deer (living or dead), except those deer taken during the open season and during lawful hours in each county.

(2) All evidence including weapons, ammunition, lights, communication systems and/or instrumentalities not including motor vehicles used in violation of this subsection may be seized and retained as evidence.

(0) Whoever is convicted of a violation of this subsection shall be fined not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars, or imprisoned for not more than sixty (60) days or both. Whoever is found guilty of any subsequent offense occurring within two years of such previous offense shall be fined not less than five hundred ($500.00) dollars, nor more than one thousand ($1,000.00) dollars or imprisoned for not less than six (6) months or both. Anyone found guilty of this offense shall be required to turn in any valid hunting license and shall be denied the privilege of hunting in the State for a period of five (6) years, commencing with the date of conviction. Justices of the Peace shall have jurisdiction of offenses hereunder.

(1) Title to any weapons, lights, communication systems and/or instrumentalities, not including motor vehicles, seized from anyone apprehended for violation of any subsequent offense as described in paragraph (3) of this subsection (f) , upon conviction of the said violation and upon petition by the Department and by order of the Court, shall vest in the State of Delaware. Said weapons, lights, communication systems and/or instrumentalities, not including motor vehicles shall be disposed of by public auction. Costs of the auction will be taken from proceeds of the auction; and balance shall revert to the General Fund of the State of Delaware.

Section 2. Amend Section 108 (e) of Title 7, Delaware Code, by striking the words "out of season" as they appear in the second sentence thereof and substitute in lieu thereof the words "in season".

Section 3. If any subsection, sentence, phrase or word of this Section shall be declared unconstitutional under the constitution of the State of Delaware, or of the United States or by a State or Federal Court of competent jurisdiction, the remainder of this Section shall be unimpaired and shall continue in full force and effect, and proceedings thereunder shall not be affected.

July 17, 1973.