|
SPONSOR: |
Rep. Brady & Sen. McDowell |
|
Reps. Barbieri, Heffernan, Kowalko, Lynn |
|
HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
|
HOUSE BILL NO. 198 |
|
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SAFE SCHOOL AND RECREATION ZONES. |
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 §1457(c), Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underlining as follows:
(c) For the purpose of this section, "Safe School and Recreation Zone" shall mean:
(1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or
(2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university; or
(3) Any building or structure or park owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, recreation area, athletic field or sports stadium, or any "parkland" as defined in §8110(a)(2) of Title 9.
SYNOPSIS
|
This bill enlarges the scope of a criminal charge of Possession of a Weapon in a Safe School and Recreation Zone.Currently, the definition of a "Safe School and Recreation Zone" focuses on buildings and structures used as a recreation center, athletic field or sports stadium.It does not expressly apply to parks used as a recreation area or to parkland under 9 Del. C. §8110(a)(2).The term "parkland" in that section is defined as:real property, including improvements erected thereon and fixtures attached thereto, used primarily for recreational purposes and dedicated as parkland, public open space, private open space or other public use on a recorded subdivision plan, or through valid and binding restrictive covenants, provided that: a. The property is not used by the civic organization or by any other person so as to benefit any officer, trustee, director, shareholder, member, employee, contributor or bondholder of the organization or operator or any other person through the distribution of profits or the payment of excessive compensation; b. The property is used for recreational purposes; and c. The use of the property is open, without charge, to the public, or to members of the civic organization, or to the residents of the neighborhood, or to residents of the community or to residents of the subdivision in which the property is located, regardless of sex, race, creed, color or national origin. |