CHAPTER 60

FORMERLY

HOUSE BILL NO. 4

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

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

Amend Chapter 5, Subchapter VII, § 1325, Title 11 of the Delaware Code by adding new subsections (c), (d) and (e) to read as follows:

"(c) Any person convicted of a misdemeanor violation of this section shall be prohibited from owning or possessing any animal for five years after said conviction, except for animals grown, raised, or produced within the State for resale, or for sale of a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least twenty-five percent of the person's annual gross income from such sale or resale.

A violation of this subsection is subject to a fine in the amount of one thousand dollars ($1,000) in any court of competent jurisdiction and to forfeiture of any animal illegally owned in accordance with the provisions of 3 Del. C § 7907.

(d) Any person convicted of a felony violation of this section shall be prohibited from owning or possessing any animal for fifteen years after said conviction, except for animals grown, raised, or produced within the State for resale, or for sale of a product thereof, where the person has all necessary licenses for such sale or resale, and receives at least twenty-five percent of the person's annual gross income from such sale or resale.

A violation of this subsection is subject to a fine in the amount of five thousand dollars ($5,000) in any court of competent jurisdiction and to forfeiture of any animal illegally owned in accordance with the provisions of 3 Del. C, § 7907.

(e) Any agent of the Delaware Society for the Prevention of Cruelty to Animals, or, in Kent County of this State of the Kent County Society for the Prevention of Cruelty to Animals, may impound an animal owned or possessed in apparent violation of this Section, consistent with 3 Del C, § 7907."

Approved June 12, 1995