CHAPTER 457

FORMERLY

SENATE BILL NO. 217

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

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DISTRIBUTION, DELIVERY, OR POSSESSION OF CONTROLLED SUBSTANCES IN OR WITHIN 300 FEET OF A PARK OR RECREATION AREA.

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

Section 1. Amend Subchapter IV, Chapter 47, Part IV, Title 16 of the

Delaware Code by adding thereto a new section, to be designated as §476B and to read as follows:

"§4768. Distribution. delivery. or possession of controlled substance_in_or within 300 feet of park or recreation area: penalties: defenses.

(a) Except as authorized by this chapter, any person who illegally distributes, delivers or possesses a controlled substance or counterfeit controlled substance listed in §4714, §4716, §4718, §4720 or §4722 of this title while in any park or recreation area owned, operated or utilized by any county or municipality, or by the State of Delaware, or by any board, commission, department, agency, corporation or organization thereof, or in any 'parkland' as defined in 9 Del. C. §8109(a)(2), or while within 300 feet of the boundaries of any such parkland, park or recreation area, is guilty of a felony and upon conviction shall be imprisoned for a term of not more than 15 years and fined not more than $250,000.

(a) Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of this chapter or any other provision of law, and a conviction under this section shall not merge with a conviction for violation of any other provision of this chapter or other provision of law.

(a) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place in or within 300 feet of any parkland, park or recreation area.

(b) It is an affirmative defense to prosecution for a violation of
this section that the prohibited conduct took place entirely within a private residence and that the prohibited conduct did not involve distribution, delivery or possession of any controlled substance for
profit. The affirmative defense established in this section shall be
proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter."

Approved July 22, 1994.