CHAPTER 304

FORMERLY

HOUSE BILL NO. 319

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 47, TITLE 7 OF THE DELAWARE CODE RELATING TO PENALTIES FOR VIOLATIONS OF STATE PARK REGULATIONS.

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 Subsection 4702(a), Chapter 47, Title 7 of the Delaware Code by deleting the figure "850.00" and inserting in its place the figure "$100.00".

Section 2. Amend Subsection 4702(a), Chapter 47, Title 7 of the Delaware Code by adding after the period ".' at the end of said Subsection the following:

"In addition to such fines, costs or imprisonment, any person who is convicted of any violation involving damaging, destroying or removal of State parks property shall be required to make restitution to the Department for replacement or restoration of such property. Furthermore, in lieu of, or in addition to the aforesaid penalties, the court may order violators convicted of any violation involving damaging, destroying or removal of State park property to perform work projects in State parks."

Section 3. Amend §4702 of Chapter 47, Title 7 of the Delaware Code by adding thereto a new Subsection (e) to read as follows:

"(e) Notwithstanding subsection (d) of this section, an arresting officer may issue a summons to any person arrested for any violation delineated in this Chapter to have said person appear at a subsequent date at the Justice of the Peace Court which is the nearest available Justice of the Peace Court to the place of the arrest, during the regularly scheduled hours of said court. For the purpose of this Section, the summons for later appearance shall be sufficient to grant jurisdiction over the offense to the said nearest available Justice of the Peace."

Section 4. Amend §4702 of Chapter 47, Title 7 of the Delaware Code by adding thereto a new Subsection (f) to read as follows:

"(f) For the purpose of this Section, a Justice of the Peace is available when he is at his office or court."

Approved June 30, 1982.