TITLE 28

Sports and Amusements

CHAPTER 7. INFLUENCING RESULTS OF SPORTING EVENTS BY BRIBERY AND OTHER UNLAWFUL MEANS


Whoever directly or indirectly gives or promises to give any money or valuable thing as a bribe, present or reward to any person taking part or intending to take part, as a professional or amateur participant, in any baseball, football or basketball game, boxing match or other sporting contest, with intent to induce such person to lose or cause the loss or attempts to lose or cause the loss of any such game, match or contest by such person or by the team or side of such person shall be fined not more than $3,000 or imprisoned not more than 3 years, or both.

Code 1935, § 3898A; 46 Del. Laws, c. 231; 28 Del. C. 1953, § 701.;

Whoever takes part or expects to take part, in any baseball, football or basketball game, boxing match or other sporting contest as a professional or amateur participant, who shall solicit or receive, directly or indirectly, any money or valuable thing, as a bribe, present or reward to lose or cause the loss or to attempt to lose or cause the loss of such game, match or contest, by such person or by the team or side of such person shall be fined not more than $3,000 or imprisoned not more than 3 years or both.

Code 1935, § 3898A; 46 Del. Laws, c. 231; 28 Del. C. 1953, § 702.;

Whoever directly or indirectly gives or promises to give any money or valuable thing as a bribe, present or reward to any person acting or intending to act as a referee, umpire, judge, timer, measurer or as an official for any purpose, for any amateur or professional athletic or sporting game, match or contest with intent to induce such person to act corruptly in making decisions, rulings, interpretations or adjudications or in the performance of his official duties in connection therewith shall be fined not more than $3,000 or imprisoned not more than 3 years or both.

Code 1935, § 3898A; 46 Del. Laws, c. 231; 28 Del. C. 1953, § 703.;

Whoever acting or intending to act as a referee, umpire, judge, timer, measurer or as an official for any purpose for any amateur or professional athletic or sporting game, match or contest, solicits or receives, directly or indirectly, any money or valuable thing, as a bribe, present or reward to act corruptly in making any decision, ruling, interpretation or adjudication or in any matter in the performance of his or her official duties in connection therewith shall be fined not more than $3,000 or imprisoned not more than 3 years or both.

Code 1935, § 3898A; 46 Del. Laws, c. 231; 28 Del. C. 1953, § 704; 70 Del. Laws, c. 186, § 1.;

(a) No person shall influence or attempt to influence the result of a race conducted by a licensee of the Delaware Harness Racing Commission or of the Delaware Racing Commission by:

(1) Influencing or having any understanding or connivance with any owner, jockey, groom or other person associated with or interested in any stable, horse or race in which any horse participated or is to participate in order to prearrange or predetermine the result of any such race;

(2) Interfering or attempting to interfere with, tampering with, injuring or destroying by the use of any narcotic, drug, stimulant, appliance or by any other means any horse that is to participate in a running race or a harness race in this State, whether such horse is the property of such person or another;

(3) Allowing or permitting a horse over which such person has control to participate in a race with the knowledge of any interference with, tampering with or any injury to such horse by any narcotic, drug, stimulant, appliance or by any other means;

(4) Causing, instigating, counseling or in any way aiding or abetting in any interference with, tampering with, injury to or destruction of any horse that is to participate in a running or harness race in this State by the use of any narcotic, drug, stimulant, appliance or by any other means.

(b) The owner of any horse affected in any manner as provided in subsection (a) of this section shall permit any member of the commission which issued the license for the meet at which or during which any horse was affected as above outlined, or any person appointed by such commission for that purpose, to make such test as the commission deems proper in order to determine whether any such horse has been interfered with, tampered with, injured or destroyed by the use of any narcotic, drug, stimulant, appliance or by any other means.

(c) Whoever violates any provision of this section shall be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than 1 year nor more than 5 years or both.

Code 1935, § 3898A; 46 Del. Laws, c. 231; 28 Del. C. 1953, § 705.;

(a) Protest; Request for Super Test.

(1) If a licensed owner, trainer, driver, or claimant has a reasonable belief that a competing or clamed horse has, or may have, an unfair competitive advantage due to a violation of the Delaware Harness Racing Commission (DHRC) rules, that owner, trainer, driver, or claimant may file a "Prohibited Substances Protest" with the DHRC.

(2) A "Prohibited Substances Protest" empowers the owner, trainer, driver, or claimant to request that any horse or horses he or she competes against or claims in a specified race have a blood and urine sample collected and then tested at an official Association of Racing Commissioners International (ARCI) approved laboratory of his or her choice. The designated laboratory shall employ state-of-the-art testing methods when testing these protested samples, which shall include, but not be limited to, Enzyme-Linked Immunosorbent Assay (ELISA), Thin Layer Chromatography (TLC), Gas Chromatography Mass Spectrometry (GCM-S), Liquid Chromatography Mass Spectrometry Mass Spectrometry (LCMSMS), and Total Carbon Dioxide (TCO2) tests.

(3) The owner, trainer, driver, or claimant must file a verbal protest with either the starter or paddock judge before the race has been made official. The starter or paddock judge must notify the Presiding Judge immediately, who shall order a veterinary assistant to escort and remain with the horse in accordance with established policy for obtaining a blood and urine sample. Within 15 minutes after the official sign has been posted for the race in which the protested horse competed, the protesting party shall file a written protest with the paddock judge and post a deposit of $1,000 which shall be used to offset the following costs:

a. The collection of sufficient blood and urine samples, including the costs of the State Veterinary Assistant and State Veterinarian and all necessary collection apparatus;

b. The packing of and transportation of these samples by bonded courier to the selected laboratory; and

c. All costs incurred by the state-of-the-art testing methods employed by the ARCI laboratory.

(4) In the event the costs exceed the $1,000 deposit, the protesting party shall be required to post additional moneys to cover such costs.

(5) The owner and/or trainer of the protested horse shall have the right to be present during the collection, packaging and shipping of these test samples.

(6) Upon completion of all testing, the laboratory shall notify the DHRC of the results. The DHRC shall immediately notify the trainer of the protested horse as well as the protesting party of these test results.

(7) If the test results substantiate a violation of the DHRC rules in effect on the date of the race, the trainer of the tested horse shall be afforded the same rights every trainer receives when charged with any rules violation. This shall include the right to request a split sample test at a designated ARCI laboratory that has agreed to accept split samples from the DHRC.

(8) Penalties shall be assessed in accordance with the DHRC penalty recommendations for a violation of the rules in effect on the date of the race. In no case, however, shall the penalty imposed for a medication violation be less than a $500 fine. If the test results substantiate the presence of antibodies to erythropoietin (EPO), darbepoietin, or any EPO analogues, in addition to any DHRC penalties, the horse shall immediately be placed on the steward's list and shall not be permitted to enter a race until the horse tests negative for the presence of EPO, darbepoietin, or any EPO analogue antibody or antibodies previously detected and said horse is removed from the steward's list. All testing must be performed by the DHRC official lab.

(9) If the test results substantiate a violation of the DHRC rules in effect on the date of the race, a successful claimant may void the claim in accordance with DHRC rules.

(10) Any moneys remaining from the protest deposit after costs shall be returned to the protesting party even if a violation of the rules is not detected. If a violation is detected, costs shall be assessed against the trainer of the protested horse and the Commission shall reimburse the protesting party upon receipt thereof.

(11) The owner, trainer, driver, or claimant who files a Prohibited Substances Protest pursuant to this section shall be immune from civil liability for filing the protest.

(b) Routine Post-Race Testing.

(1) Routine Post-Race Testing shall include but not be limited to screening for antibodies to erythropoietin (EPO), darbepoietin, or any EPO analogues.

(2) Any claimed horse not otherwise selected for testing by the racing officials shall be tested if requested by the claimant at the time the claim form is submitted in accordance with the DHRC rules.

(3) The successful claimant shall have the right to void the claim should the forensic analysis be positive for any prohibited substance, illegal level of a permitted medication, or presence of antibodies to erythropoietin (EPO), darbepoietin, or any EPO analogues.

(4) If the test results substantiate the presence of antibodies to erythropoietin (EPO), darbepoietin, or any EPO analogues, in addition to assessing penalties in accordance with the DHRC rules, the horse shall immediately be placed on the steward's list and shall not be permitted to enter a race until the horse tests negative for the presence of EPO, darbepoietin, or any EPO analogue antibody or antibodies previously detected and said horse is removed from the steward's list. All testing must be performed by the DHRC official lab.

72 Del. Laws, c. 455, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 236, § 1.;