CHAPTER 478

FORMERLY

SENATE BILL NO. 243

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 5. TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL OFFENSES; AND MAKING THE POSSESSION OF OR DEALING IN CERTAIN DEVICES DESIGNED, FASHIONED OR OTHERWISE ADAPTED FOR THEFT OR BURGLARY A CRIMINAL OFFENSE.

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 § 828, Title 11 of the Delaware Code, by striking the catchline, and by substituting in lieu thereof:

"§ 828. Possession of Burglar's tools or instruments facilitating theft: class F felony."

Section 2. Amend § 828. Title I I of the Delaware Code. by striking it in its entirety and by substituting in lieu thereof the following:

"A person is guilty of possession of burglar's tools or instruments facilitating Melt when the person possesses any tool. instrument, or other thing adapted. designed, or commonly used for committing or facilitating:

(1) offenses involving unlawful entry into or upon premises;

(2) offenses involving the unlocking, overriding, or disabling of a security device without authorization: or.

(3) offenses involving forcible breaking or opening of sates, vending machines. automatic teller machines. lock boxes, gates. doors, or any container or depositories of property, under circumstances evincing an intent to use or knowledge that sonic other person intends to use the same in the commission of an offense of such character. Possession of burglar's tools or instruments facilitating theft is a Class F felony."

Section 3. Amend § 829. Title 11 of the Delaware Code by adding thereto the following new subsection:

(f) "Security Device" includes any lock, whether mechanical or electronic; or any warning device designed to alert a person or the general public of a possible attempt to gain unlawful entry into or upon premises or a possible attempt to unlock, bypass, or otherwise disable a lock.

(g) A person possesses burglar tools or instruments facilitating theft ''under circumstances evincing an intent to use or knowledge that sonic other person intends to use" such when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a trespass, burglary, or theft-related offense, or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have."

Approved July 10, 1996