CHAPTER 375

HOUSE BILL NO. 545

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11, CHAPTER 5, DELAWARE CODE, RELATING TO THE CRIME OF POSSESSING A GAMBLING DEVICE.

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

Section 1. Amend Section 1405(c), Title 11, Delaware Code, by striking said subsection in its entirety, and substituting in lieu thereof a new subsection (c) to read as follows:

"(c) A person is not guilty of a violation of this section if the device or machine is either:

(1) an antique slot machine which is not used for gambling purposes; or

(1) any slot machine or gambling device, not used for gambling purposes in this State, which is manufactured (including without limitation to retrofitting or alteration of a finished machine or device), transported, kept, exhibited, managed, or placed by a corporation in good standing in this State; or which is the subject of any negotiation which involves a transaction affecting or designed to affect the ownership, custody or use of such machine or device by such corporation; provided however, that such corporation:

a. is duly licensed to conduct a manufacturing business in this State; and

a. is regularly engaged in its normal course of business within this State in the manufacture of machines or devices exclusively for sale and use for lottery or gambling purposes in jurisdictions where possession and use of such machines or devices is legal.

(d) For purposes of this section, a slot machine is an antique machine if such machine is at least twenty-five years old."

Section 2. This Act shall be effective upon its enactment.

Approved July 12, 1994.