CHAPTER 674

SENATE SUBSTITUTE NO. 1

FOR SENATE BILL NO. 631

AN ACT TO AMEND CHAPTER 1, TITLE 7 OF THE 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 thereof concurring therein):

Section 1. Amend §103(0(2) of Chapter 1, Title 7, Delaware Code, by striking the word "not" immediately following the word "instrumentalities" and before the word "including" as the same appears in said paragraph (2) of §103.

Section 2. Amend §103(f)(3) of Chapter 1, Title 7, Delaware Code, by striking said paragraph (3) in its en.. tirety and substituting in lieu thereof a new paragraph (3) to read as follows:

"(3) Whoever is convicted of a violation of this subsection shall be fined not less than $100, nor more than $500, or imprisoned for not more than 60 days or both. Whoever is found guilty of any subsequent offense shall be fined not less than $500, nor more than $1,000, or imprisoned for not less than six (6) months or both. Anyone found guilty of a first 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 two (2) years, commencing with the date of conviction; for any subsequent offense anyone found guilty shall be required to turn in any valid hunting license and be denied the privilege of hunting in the State for a period of five (5) years, commencing with the date of conviction. Anyone subsequently found guilty of hunting during the times when these hunting privileges are denied shall be fined not less than $100 nor more than $500. Justices of the Peace shall have jurisdiction of offenses hereunder."

Section 3. Amend §103(f)(4) of Chapter 1, Title 7, Delaware Code, by striking said paragraph (4) in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows:

"(4) Title to any weapons, ammunition, lights, communication systems and/or instrumentalities, including motor vehicles, seized from anyone apprehended for violation of either first and/or subsequent offenses of this subsection, upon conviction of the said violation, shall vest in the State. Said weapons, lights, communication systems and/or instrumentalities, including motor vehicles, shall be disposed of by public auction. Costs of the auction will be taken from the proceeds; any balance from the auction will revert to the General Fund of the State of Delaware."

Approved August 3, 1976