Delaware General Assembly


CHAPTER 197

FORMERLY

SENATE BILL NO. 248

AN ACT TO AMEND SUBSECTION 103(f), CHAPTER 1, TITLE 7 OF THE DELAWARE CODE RELATING TO FORFEITURE OF PROPERTY USED IN CONNECTION WITH THE ILLEGAL HUNTING OR POSSESSION OF DEER.

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

Section 1. Amend Subsection 103(f) (2), Chapter 1, Title 7 of the Delaware Code by striking the period after the first sentence and adding the following:

", and forfeited according to procedures set forth in the Superior Cotrt Criminal Rules. Wherever the State seeks to have property allegedly used in violation of this subsection forfeited, the Superior Court shall have jurisdiction over both the violation of this subsection and the issue of forfeiture".

Section 2. Amend Subsection 103(f) (3), Chapter 1, Title 7 of the Delaware Code by striking the last sentence of the subsection.

Section 3. Amend Subsection 103(f) (3), Chapter 1, Title 7 of the Delaware Code by adding at the end of the last sentence in the subsection the following sentence:

"Except as otherwise provided in this subsection, the Justices of the Peace Court shall have jurisdiction of offenses hereunder".

Section 4. Amend Subsection 103(f) (4), Chapter 1, Title 7 of the Delaware Code by striking the Subsection in its entirety.

Approved February 8,1982.