CHAPTER 244

FORMERLY

HOUSE BILL NO. 97

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 47 OF TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.

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

Section 1. Amend § 4763 of Title 16 of the Delaware Code by adding a new subsection (c) to provide as follows:

"(c) Additional penalties - In any case in which a defendant has been found by evidence beyond a reasonable doubt to have moved to the State of Delaware to maintain his or her primary residence in this state for the purpose of engaging in activity which is prohibited by Sections 4751 through 4761 of this Chapter, such defendant, if convicted under any of sections 4751 through 4761 of this Chapter, shall be subject to the increased penalty of imprisonment for one year, in addition to any other penalties to which the convicted defendant would otherwise be subject for violation of the foregoing statutes."

Approved February 10, 1998