CHAPTER 162

FORMERLY

SENATE BILL NO. 50

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSSESSION OF INSTRUMENTS OF CERTAIN CRIMES.

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

Section 1. Amend §828, Title 11 of the Delaware Code by striking the section in its entirety and substituting in lieu thereof the following:

“(a) A person is guilty of possession of burglar's tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character,”.

the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:

(1) Offenses involving unlawful entry into or upon premises,

(2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization,

(3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates, doors or any container or depositories of property, or

(4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the name of the person who possesses the document.

(b) Possession of burglar's tools or instruments facilitating theft is a class F felony.”

Section 2. Amend §860, Title 11 of the Delaware Code by striking the catchline and subsection “(a)” of the section in their entirety and substituting in lieu thereof the following:

“§860. Possession of shoplifter’s tools or instruments facilitating theft; class F felony."

(a) A person is guilty of possession of shoplifter’s tools or instruments facilitating theft when the person possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating:

(1) Offenses involving shoplifting; or

(2) Offenses involving the overriding, disabling or evading of a security device without authorization.”

Approved July 12, 2005