CHAPTER 71

FORMERLY

SENATE BILL NO. 31

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL LIABILITY AND SENTENCING IN CERTAIN CASES.

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

Section 1. Amend §281 and 1702 of Title 11 of the Delaware Code by deleting the word “corporations” as it appears each time in that section, and by substituting in lieu thereof the word “organizations”.

Section 2. Amend §§ 281, 282, 283, 284, 1361, 1702 and 5106 of Title 11 of the Delaware Code by deleting the word “corporation” as it appears each time in those sections, and by substituting in lieu thereof the word “organization”.

Section 3. Amend §§282, 283 and 284, Chapter 2, of Title 11 of the Delaware Code by deleting the word “corporate” as it appears each time in those sections, and by substituting in lieu thereof the word “organizational”.

Section 4. Amend §222(21), Chapter 2, of Title 11 of the Delaware Code by inserting the phrase “a trust, a firm, a joint stock company, a union,” between the phrase “a public or private corporation,” and the phrase “an unincorporated association” as those phrases appear therein.

Section 5. Amend §284, Chapter 2, of Title 11 of the Delaware Code by adding a new subsection “ (c)” thereto, to read as follows:

“(c) ‘Organization’ means any entity defined in §222(21) of this title, other than an individual human being.”

Section 6. Amend §4208, Chapter 42, of Title 11 of the Delaware Code by deleting that section in its entirety, and by substituting in lieu thereof the following:

Ҥ4208. Fines for organizations.

A sentence to pay a fine, when imposed on an organization, shall be the amount specified in the law setting forth the offense if a penalty is specified in that law, or, if there is no specific penalty defined in the law setting forth the offense, a sentence to pay a fine when imposed on an organization shall be as follows:

(a) For a felony or a misdemeanor resulting in death or serious physical injury, such fine as the court deems reasonable and appropriate;

(b) For a felony that does not result in death or serious physical injury, not more than $500,000;

(c) For a class A misdemeanor that results in physical injury, not more than $250,000;

(d) For a class A misdemeanor that does not result in physical injury, not more than $100,000;

(e) For a class B misdemeanor, class C or unclassified misdemeanor that results in physical injury, not more than $75,000;

(f) For a class B misdemeanor, class C or unclassified misdemeanor that does not result in physical injury, not more than $50,000;

(g) For a violation, not more than $10,000; or

If the defendant derives pecuniary gain from the offense, or if the offense results in pecuniary loss or damage to a person or organization other than the defendant, the defendant may be fined an amount equal to 3 time the amount of the pecuniary gain or 3 times the value of the pecuniary loss or damage incurred in lieu of the penalties set forth in subsections (a) – (g) of this section.”

Approved June 30, 2003