CHAPTER 342

FORMERLY

HOUSE BILL NO. 382

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES.

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 § 614, Title 11 of the Delaware Code, by striking the existing language and substituting in lieu thereof the following:

Ҥ 614. Abuse of a Sports Official; Class G Felony; Class A Misdemeanor.

(a) A person is guilty of Abuse of a Sports Official whenever the person intentionally or recklessly commits the following acts against a sports official who is acting in the lawful performance of duty:

(1) Reckless Endangering in the Second Degree, as set forth in § 603 of this Chapter; or

(2) Assault in the Third Degree, as set forth in § 611 of this Chapter; or

(3) Terroristic Threatening, as set forth in § 621 of this Chapter; or

(4) Criminal Mischief, as set forth in § 811 of this Chapter.

(b) For purposes of this Section, the words ‘sports official’ shall mean any person who serves as a registered, paid or volunteer referee, umpire, line judge or acts in any similar capacity during a sporting event. For purposes of this Section, the words, ‘lawful performance of duty’ means the time immediately prior to, during and/or immediately after the sporting event.

(c) Whoever violates subsection (a) of this Section shall be guilty of a Class A misdemeanor. Upon conviction for a second or subsequent offense under this Section, such person shall be guilty of a Class G felony. Notwithstanding Chapter 42 of this Title, such person shall be fined not less than $1,000 nor more than $2,350. In addition to the fines imposed by this subsection, any person who is guilty of Abuse of a Sports Official shall be prohibited from participating in and/or attending any organized sporting event for a period of not less than three (3) months nor more than twelve (12) months.

(d) Except as provided in § 922 of Title 10, and notwithstanding any other provision of law to the contrary, the Court of Common Pleas shall have original jurisdiction to hear, try and finally determine any violation of this Section, and any other misdemeanor violation of any offense set forth in this Title which was allegedly committed during the same incident. Prosecution under this Section shall not preclude a separate charge, conviction and sentence for any other crime set forth in the Code.”

Approved July 12, 2004