Bill Text: DE SB29 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Part Iv Of Title 10 Of The Delaware Code Pertaining To Special Proceedings.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-13 - Stricken [SB29 Detail]
Download: Delaware-2009-SB29-Draft.html
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SPONSOR: |
Sen. Henry & Marshall;Sen. Sokola;Reps. Barbieri, Bolden, Heffernan, Jaques, Keeley, Longhurst, Schooley, Schwartzkopf, Scott, D.E. Williams, D.P. Williams |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 29 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF DEADLY WEAPONS BY PERSONS PROHIBITED. |
Section 1. Amend §1448(a), Title 11 of the Delaware Code by inserting a new paragraph (10) thereto to read as follows:
"(10) Any person who possesses a deadly weapon outside of his or her principal place of residence while under the influence of alcohol or drugs.It is not a defense to a prosecution under this subsection that the person holds a permit to carry a concealed firearm issued pursuant to Title 11, Section 1441. The Superior Court shall have exclusive jurisdiction over offenses of paragraph (a)(10) of this section.
a. For purposes of paragraph (a)(10) of this section, the following definitions shall apply:
(1) ‘Under the influence of alcohol or drugs' means:
(i) Having an amount of alcohol in a sample blood equivalent to .08 or more grams of alcohol per hundred milliliters of blood, or an amount of alcohol in a sample of breath equivalent to .08 or more grams per two hundred ten liters of breath.A person shall be guilty under paragraph (a)(10), without regard to the person's alcohol concentration at the time of possession of a firearm in violation thereof, if such person's alcohol concentration is .08 or more within 4 hours after the time of such violation, and that alcohol concentration is the result of an amount of alcohol present in, or consumed by such person when he or she was in violation of paragraph (a)(10); or
(ii) Being manifestly under the influence of alcohol or any illicit or recreational drug as defined in 21 Del. C. §4177(c)(8), or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity.No person shall be guilty under paragraph (a)(10) of this section when the person has not used or consumed an illicit or recreational drug prior to or during an alleged violation of paragraph (a)(10), but has only used or consumed such drug after the person has allegedly violated paragraph (a)(10) and only such use or consumption after such alleged violation caused the person's blood to contain an amount of the drug or an amount of a substance or compound that is the result of the use or consumption of the drug within 4 hours after the time of the alleged violation thereof.
(2) ‘Principal place of residence' means the residential dwelling or unit where a person primarily resides, and shall include the land and any dwelling, house or structure attached or appurtenant thereto.
b. A law enforcement officer who has probable cause to believe that a person has violated paragraph (a)(10) may, with or without the consent of the person, take reasonable steps to conduct chemical testing to determine his or her alcohol concentration or the presence of illicit or recreational drugs.A person's refusal to submit to chemical testing shall be admissible as evidence relevant to an alleged violation of this paragraph.
c. Notwithstanding any provision of this section or Code to the contrary, any person in violation of paragraph (a)(10) shall be guilty of a class A misdemeanor for a first offense and a class G felony for a second or subsequent offense.In addition, the court shall revoke any permit to carry a concealed deadly weapon issued to any person convicted of a violation of paragraph (a)(10) for a first offense, and such person shall not be eligible to obtain or apply for a permit to carry a concealed deadly weapon for 5 years from the date of such conviction."
Section 2. Amend Title 11, Section 1448(e)(1) of the Delaware Code by striking the word "Notwithstanding" and substituting in lieu thereof "Except as otherwise provided in subparagraph (a)(10) of this section, notwithstanding".
SYNOPSIS
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This Bill makes it illegal for individuals to possess firearms outside of their homes while under the influence of alcohol or drugs. Persons found guilty under this section shall be guilty of a class A misdemeanor for a first offense, and will have their permit to carry a concealed deadly weapon, if available, revoked. In addition, such persons will not be permitted to obtain another CDW permit for 5 years from the date of conviction for a first offense. Persons convicted of a second or subsequent offense shall be guilty of a class G felony. |
Author: Sens. Henry & Marshall
