Bill Text: DE HB292 | 2019-2020 | 150th General Assembly | Draft


Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Arrest For Violation - Liquified Petroleum Gas Container.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2020-01-30 - Introduced and Assigned to Health & Human Development Committee in House [HB292 Detail]

Download: Delaware-2019-HB292-Draft.html

SPONSOR:

Rep. Smyk & Sen. Lawson

Sen. Wilson

HOUSE OF REPRESENTATIVES

150th GENERAL ASSEMBLY

HOUSE BILL NO. 292

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ARREST FOR VIOLATION - LIQUIFIED PETROLEUM GAS CONTAINER.

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

Section 1. Amend § 7204, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7204. Arrest for violation.

If any person or the president, secretary, treasurer or other officer of any corporation mentioned in § 7201 of this chapter, or the person’s duly authorized agent, who has personal knowledge of the facts, makes oath in writing before any justice of the peace that the party making such affidavit believes that any of that party’s liquefied petroleum gas containers marked with the name, initials, mark or any other device of the owner are in the possession of or being used by or being filled or refilled by any person who is not the owner or agent of the owner and who is in the possession of filling or refilling or using any such containers without the written consent of the owner of the name, initials or trademark, the justice of the peace, when satisfied that there is probable cause, may issue a warrant and cause the person designated to be brought into court for the purpose of discovering and obtaining the container, and if the justice of the peace finds that the person has been guilty of a violation of § 7202 of this chapter, the justice may impose the punishment herein prescribed and the justice shall also award the possession of property acquired by such warrant to the owner thereof.

SYNOPSIS

This amendment repeals Title 16 § 7204 in its entirety. This particular section prescribes a practice that is typically unused and handled through a traditional warrant process by charging a previous section of this chapter brought by a law enforcement officer. Additionally, the act of recovering a container possessed by someone other than the owner is more appropriately handled through the civil replevin process.

feedback