Bill Text: DE HB276 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Titles 11, 16, 17 And 21 Of The Delaware Code Relating To Criminal Mischief, Graffiti, And Other Injury To A Scenic And Historical Highway Or A Scenic Byway.
Sponsorship: Slight Partisan Bill (Republican 12-7)
Status: (Passed) 2010-07-12 - Signed by Governor [HB276 Detail]
Download: Delaware-2009-HB276-Draft.html
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SPONSOR: |
Rep. Hudson & Sen. McBride ; |
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Reps. Barbieri, Brady, Carson, Jaques, Booth, Carey, Hocker, Kovach, Lavelle, Manolakos, Miro, Ramone, Thornburg; Sens. Katz, Sokola, Sorenson |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 276 |
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AN ACT TO AMEND TITLES 11, 16, 17 AND 21 OF THE DELAWARE CODE RELATING TO CRIMINAL MISCHIEF, GRAFFITI, AND OTHER INJURY TO A SCENIC AND HISTORICAL HIGHWAY OR A SCENIC BYWAY. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
THE STATE OF
Section 1.Amend §811(b), Title 11 of the Delaware Code by adding to subsection (b) a new paragraph to read:
"(4) If an actor commits an act of criminal mischief of any degree on or along a scenic and historic highway or a scenic byway, as defined in 17 Del.C. §101(a)(9), the court shall impose a minimum mandatory fine of at least $500.".
Section 2.Amend §812(a)(2), Title 11 of the Delaware Code by adding the following immediately after the final sentence of paragraph (2):
"The minimum fine shall also be doubled, and may not be suspended, for a first, second, or subsequent conviction of an act of graffiti which is performed on or along a scenic and historic highway or a scenic byway, as defined in 17 Del.C. §101(a)(9).".
Section 3.Amend §1605(a), Title 16 of the Delaware Code by adding the following immediately after the first sentence:
"If the offense occurred on or along a scenic and historical highway or a scenic byway, as defined in 17 Del.C.� 101(a)(9), an additional mandatory penalty of $500 must be imposed for every first, second, and subsequent offense, in addition to the fine.".
Section 4.Amend §511(a), Title 17 of the Delaware Code by adding the following immediately after the final sentence of subsection (a):
"If a public road, bridge, drain, gate, light, or other appurtenance is on or along a scenic and historical highway or a scenic byway, as defined in 17 Del.C. � 101(a)(9), an additional civil mandatory penalty of $500 must be added to the amount of double damages.".
Section 5.Amend §512, Title 17 of the Delaware Code by striking "Such fine," where it appears at the beginning of the final sentence of §512 and by substituting in lieu thereof the following:
"However, if the damage or injury was on or along a scenic and historical highway or a scenic byway, as defined in 17 Del.C. §101(a)(9), an additional civil mandatory penalty of $500 must be added to the fine.The fine and civil penalty,".
Section 6.Amend §4189(g) and (h), Title 21 of the Delaware Code by adding the following to the end of subsections (g) and (h):
"A violation of this section, whether a first, second, or subsequent offense, that takes place on or along a scenic and historical highway or a scenic byway, as defined in 17 Del.C. §101(a)(9) is subject to a mandatory penalty of $500, which must be imposed in addition to the fine.".
SYNOPSIS
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This bill adds a mandatory $500 penalty to criminal and/or civil charges of injuring, damaging, littering, or applying graffiti to or along a scenic and historical highway or a scenic byway, as defined in 17 Del.C. §101(a)(9), as follows:§101(a)(9) A "Scenic and Historic Highway" or "Scenic Byway" is a transportation route which is adjacent to or runs along or next to an area that has particular intrinsic scenic, historic, recreational, cultural or archaeology qualities for which such transportation route is managed in order to protect such characteristics and to encourage development of tourism and recreational resources." |
