CHAPTER 106

FORMERLY

HOUSE BILL NO. 92

AN ACT TO AMEND CHAPTER 23, TITLE 11 OF THE DELAWARE CODE RELATING TO SEIZURES AND FORFEITURES IN CRIMINAL CASES.

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

Section 1. Amend Chapter 23, Title 11 of the Delaware Code by adding a new subsection 2309A thereto to read as follows:

Ҥ 2309A. Objects subject to search and seizure.

(a) When used in this subchapter, the terms ‘property’ and ‘papers, articles or things’ shall, in addition to their ordinary meanings, include any funds placed in a bank or other monetary account.

(b) Any papers, articles, things or other property which represent or is traceable to the fruits of a crime or which represent or is traceable to the proceeds obtained, directly or indirectly, as a result of the commission of a crime, shall be subject to search and seizure pursuant to this subchapter.”.

Section 2. Amend § 2311, Title 11 of the Delaware Code by redesignating current paragraphs (a)(2) and (a)(3) thereof as paragraphs (a)(3) and (a)(4) thereof and by adding a new paragraph (a)(2) thereto to read as follows:

“(a)(2) If the papers, articles or things were property which represents or is traceable to the fruits of a crime or which represents or is traceable to the proceeds obtained, directly or indirectly, as a result of the commission of a crime and the person from whom they are seized is duly convicted of the alleged crime, the court may order that the property be disposed of or dispersed in a manner consistent with § 4106 of this Title or otherwise disposed of as the court directs;”.

Approved July 7, 2005