CHAPTER 63

FORMERLY

HOUSE BILL NO. 138

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

AN ACT TO AMEND CHAPTER 47, TITLE 16 OF THE DELAWARE CODE RELATING TO DRUG PARAPHERNALIA.

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 2. Amend Subsection 4795(a), Title 16 of the Delaware Code by placing a period after the word "older" as it appears in that subsection and striking the rest of that subsection.

Section 3. Amend Section 4795, Title 16 of the Delaware Code by redesignating current subsection "(b)" as subsection "(c)" and adding a new subsection "(b)" thereto to read as follows:

"(b) The provisions of subsection (a) of this section or any other law to the contrary notwithstanding, the Court of Common Pleas shall have original jurisdiction over any violation of:

(1) subsection (b) of § 4754 of this title;

(2) subsection (c) of § 4757 of this title; and

(3) § 4771 of this title,

by persons 18 years of age or older, except that the Municipal Court of the City of Wilmington shall have original jurisdiction concurrent with the Court of Common Pleas for such violations by persons 18 years of age or older occurring within the City of Wilmington."

Section 4. Any action, case, prosecution, trial or any other legal proceeding in progress under or pursuant to the previous wording of the sections amended by this Act, no matter what the stage of the proceeding, shall be preserved and shall not become illegal or terminated upon the effective date of this Act. For purposes of such proceedings in progress the prior law shall remain in full force and effect.

Approved June 16, 1997