CHAPTER 559

FORMERLY

HOUSE BILL NO. 898

AS AMENDED BY HOUSE AMENDMENT NO. 1

AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 46, PART III, TITLE 21 OF THE DELAWARE CODE MAKING IT UNLAWFUL TO POSSESS MOTOR VEHICLE MASTER KEYS, MANIPULATIVE KEYS, KEY-CUTTING DEVICES, LOCK PICK OR LOCK PICKING DEVICES OR HOT WIRES UNDER CERTAIN CIRCUMSTANCES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

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

Section 1. Amend Chapter 46, Part III, Title 21 of the Delaware Code, by adding thereto a new section, designated as Section 4604, which new section shall read as follows:

§4604. Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock picking devices or hot wires

(a) No person shall have in his possession any motor vehicle master key, manipulative key or device, key-cutting device, lock pick or lock picking device or hot wire, designed to open or capable of opening the door or trunk of any motor vehicle or of starting the engine of a motor vehicle. Any person who violates this subsection shall be guilty of a Class E felony as the same is defined in Chapter 42 of Title 11 of this Code and shall be sentenced in accordance therewith.

(b) The provisions of this section shall not apply to any bona fide dealer of new or used motor vehicles, a car rental agent, a locksmith, a public utility subject to the jurisdiction of the Public Service Commission or the agents of such persons while such persons or their agents are acting within the scope of their employment. The provisions of this section shall not apply to a private investigator who in the usual course of business repossesses vehicles if such investigator is licensed and bonded by the State of Delaware or the employees of such private investigator while the employee is repossessing vehicles in the usual course of business and is bonded and licensed by the State of Delaware. The provisions of this section shall not apply to a State, county or municipal law enforcement officer who is acting within the scope of his official duties. Nor shall this section apply to a bona fide business which has a key-cutting device located and used on the premises for the purpose of making replacement keys.

Approved July 29, 1974.