CHAPTER 95

FORMERLY

SENATE BILL NO. 182

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 83, TITLE 11, DELAWARE CODE RELATING TO DISPOSITION OF LOST OR STOLEN PROPERTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §8307, Chapter 83, Title 11 of the Delaware Code by striking subsection (b) thereof in its entirety and substituting in lieu thereof a new subsection (b) as follows:

"(b) After deducting from the proceeds of the sale the expense of making the same and the amount of storage and any other repair or tow charges incurred during the period in which the same was in custody, and after the payment of all liens to which said property was subject in the order of their priority, the balance remaining, if any, shall be paid into the Police Retirement Fund of the State Police. If the owner or the person entitled to the possession of personal property, sold as aforesaid, shall present to the Superintendent a claim, duly sworn to, at any time within 3 years from the date of such sale, for the balance remaining from the proceeds of such sale, the Superintendent shall cause to be paid from said Police Retirement Fund the amount of such balance, without interest, to such claimant. If no claim for such balance is made within 3 years from the date of such sale, such balance shall become the property of said Police Retirement Fund in the same manner as other sums contributed thereto."

Section 2. Amend §8307, Chapter 83, Title 11 of the Delaware Code by striking subsection (c) thereof in its entirety and substituting in lieu thereof a new subsection (c) as follows:

"(c) Whenever any lost, abandoned or stolen money comes into the custody of the State Police, the Superintendent of the State Police shall make a reasonable effort to locate the owner thereof. If the owner of any stolen money cannot be located or fails to claim such stolen money within one year from the date that it came into the custody of the State Police, such money shall become the property of the State Police Retirement Fund in the same manner as other sums contributed thereto. If the owner of any lost or abandoned money cannot be located or fails to claim such lost or abandoned money within one year from the date that it came into the custody of the State Police, such money shall become the property of the person who delivered custody of such money to the State Police and shall be returned by the Superintendent to such person as soon as is practicable."

Section 3. Amend §8307, Chapter 83, Title 11 of the Delaware Code by redesignating subsections (d) and (e) as subsections (e) and (f) respectively and by adding a new subsection (d) thereto to read as follows:

"(d) All actions of replevin for the return of any such personal property or money in the custody of said Superintendent and all other suits or actions of a similar nature arising by reason of his custody of said personal property or money shall be brought within 3 years from the date when the same came into the custody of said Superintendent or be forever barred; provided, however, that this sentence shall not be construed as implying that in the absence thereof said Superintendent would be subject to suit or action of any kind whatsoever and provided, further, that nothing herein shall be construed to waive the immunity from suit or action to which said Superintendent or the State Police would be entitled in the absence of this sentence."

Approved June 28, 1977.