CHAPTER 23

FORMERLY

SENATE BILL NO. 10

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE, RELATING TO THE OFFENSE OF PATRONIZING A PROSTITUTE.

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 §1343, Chapter 5, Title 11 of the Delaware Code by striking the words "Patronizing a prostitute is a violation;" and by re-designating all of said section as new subsection (a).

Section 2. Amend §1343, Chapter 5, Title 11 of the Delaware Code by adding thereto the following subsections:

"(b) Patronizing a prostitute is a misdemeanor.

(c) Whenever any vehicle, as defined in Section 2321 of this title, has been used in, or in connection with, the offense of patronizing a prostitute, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use."

Section 3. Amend Subchapter II, Chapter 23, Title 11 of the Delaware Code by adding, immediately after the words of Title 30" as they appear in §2322, the following:

", or in a violation of §1343 of this Title,"

Section 4. Amend Subchapter II, Chapter 23, Title 11 of the Delaware Code by adding, immediately after the words of Title 30" as they appear in §2326, the following:

", or in a violation of §1343 of this Title."

Section 5.Amend Section 2, paragraph (b) by adding the following additional sentences:

The minimum mandatory fine shall be $500.00. This fine shall not be suspended."

Section 6. Amend Section 2 by adding a new paragraph (d) to read as follows:

"Vehicle seizure shall apply in the case of a defendant who has a previous conviction for the same offense in the previous 5 years. For the purpose of this Section, prior offense shall be defined as a conviction of 11 Del.C. §1343."

Approved May 19, 1993