SPONSOR: |
Sen. McBride & Rep. Heffernan |
|
Sens. Ennis, Hall-Long, Hocker, Lopez, Peterson, Venables; Reps. Atkins, Briggs King, Carson, Dukes, Gray, Jaques, J. Johnson, Kenton, Mulrooney, Outten, Smyk, Wilson |
DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
SENATE BILL NO. 258 |
AN ACT TO AMEND TITLES 7, 11, AND 23 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL VIOLATIONS. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
Section 1. Amend Chapter 1, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 103 Rules and regulations; expenditures; violations and penalty.
(d) Whoever
violates any rule or regulation of the Department except those pertaining to
deer or wild turkeys shall be guilty of a class D environmental misdemeanor
violation for each offense. Whoever violates any rule or regulation of
the Department pertaining to antlerless deer shall be guilty of a class C
environmental misdemeanor for each offense. Whoever violates any rule or
regulation of the Department pertaining to antlered deer shall be guilty of a
class A environmental misdemeanor for each offense. Whoever violates any rule
or regulation of the Department pertaining to wild turkeys shall be guilty of a
class B environmental misdemeanor for each offense.
Section 2. Amend Chapter 5, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 532 Records to be kept by licensed fur dealers; inspection; violations and penalties.
(c) Whoever
violates this section shall be guilty of a class C environmental misdemeanor
violation.
§ 545 Penalty.
Whoever
violates this subchapter shall be fined guilty of a class D environmental misdemeanor
violation for each offense.
§ 555 Permit to collect protected wildlife, finfish, shellfish or their nests or eggs for scientific, education or propagating purposes.
(f) Whoever
violates this section or any rule and regulation adopted pursuant to this
section shall be guilty of a class C environmental misdemeanorviolation for each offense.
Section 3. Amend Chapter 7, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 707 Hunting or shooting from motor vehicle, boats or farm machinery prohibited; penalty.
(b) Whoever
violates this section in the daytime, between sunrise and sunset, shall be
guilty of a class C environmental misdemeanor violation for each
offense. Whoever violates this section between sunset and sunrise of any day,
shall be guilty of a class B environmental misdemeanor for each offense.
§ 710 Use of silencer on gun; penalty.
Whoever
uses a silencer or noise-reducing contrivance on any gun, rifle or firearm when
hunting for game or fowl, shall be guilty of a class C environmental misdemeanor
violation.
§ 711 Hunting with automatic-loading gun prohibited; penalty.
(b) Whoever
violates this section shall be guilty of a class C environmental misdemeanor
violation.
§ 713 Fire regulations; penalty.
(c) Whoever
violates this section shall be guilty of a class C environmental misdemeanor
violation for each offense in addition to any other penalty that may be
imposed for any damage caused by the setting of unlawful fires of any kind
whatsoever.
§ 714 Trespassing; penalty.
Whoever
enters upon the lands or waters of another within this State, without first
obtaining permission to do so from the owner or lessee, for the purpose of
hunting, trapping or fishing, shall be guilty of a class C environmental misdemeanor
violation.
§ 715 Possession of protected wildlife; prohibitions.
(d) Whoever
violates this section shall be guilty of a class C environmental misdemeanor
violation for each offense. In addition to being fined and/or
imprisoned, the violator shall be fined $5.00 for each game bird, game fish and
game animal caught or killed illegally, purchased or offered to purchase, sold,
offered for sale, bartered or exchanged, or taken or killed or found in
possession in excess of the bag limit.
§ 716 Hunting, fishing or trapping without a license; penalties.
Any
person required by this title to obtain a license before hunting, trapping or
fishing in this State and who hunts, traps or fishes without having obtained
such license shall be guilty of a class C environmental misdemeanor violation.
§ 717 Frightening or harassing migratory birds; penalties.
Any
person who shall frighten or harass migratory birds while at rest on the
property of another by use of a rifle, shotgun or any other weapon, shall be
guilty of a class C environmental misdemeanor violation.
§ 718 Requiring wearing of hunter orange in the hunting of deer; violation and penalty.
(d) Whoever
violates this section shall be guilty of a class D environmental misdemeanor
violation.
§ 719 Discharge of firearms on or near public roads and public rights-of-way; penalty.
(c) Whoever
violates this section shall be guilty of a class C environmental misdemeanor
violation.
§ 723 Hunting or trapping in safety zones; penalty.
(d) Whoever
violates this section shall be guilty of a class C environmental misdemeanor
violation.
§ 738 Erection and removal of booby, brush or stake blinds.
No
booby, brush or stake blinds shall be erected sooner than 30 days prior to the
open season for the hunting of wild water fowl and all such blinds shall be
removed within 30 days after the close of said season. Whoever violates this
section shall be guilty of a class D environmental misdemeanor violation
for each offense.
§ 751 Muskrats driven from shelter by flood or freshet.
No person shall take, kill or capture, by any means whatever, any muskrat during the time of any flood or freshet, when such flood or freshet may cause any muskrat to leave its usual and accustomed place of shelter and protection.
Whoever
violates this section shall be guilty of a class D environmental misdemeanor
violation for each offense.
§ 752 Hunting muskrats with dog; penalty.
(b) Whoever
violates this section shall be guilty of a class D environmental misdemeanor
violation for each offense.
§ 753 Muskrat nailing; destroying or damaging muskrat house, den; penalties.
(b) Whoever
violates this section shall be guilty of a class C environmental misdemeanor
violation for each muskrat house, nest, den, lair or refuge, dug into,
torn down, removed, interfered with, destroyed or damaged in any way.
§ 754 Trespassing on property of another to kill muskrats; violations and penalties.
(a) Whoever
enters into or upon, or trespasses upon the ways, marshes, lands or premises of
another within this State, without first obtaining the consent of the owner or
lessee thereof, for the purpose of taking, trapping, capturing or killing any
muskrat in any manner whatsoever, shall be guilty of a class C environmental misdemeanor
violation.
§ 755 Taking muskrat on public road or highway; penalties.
(b) Whoever
violates this section shall be guilty of a class D environmental misdemeanor
violation for each offense.
§ 756 Diving or box trap; penalty.
(b) Whoever
violates this section shall be guilty of a class D environmental misdemeanor
violation for each offense.
§ 757 Trapping muskrats or other fur-bearing animals adjacent to Broadkiln Creek without consent of landowner; penalty.
(b) Whoever
violates this section shall be guilty of a class C environmental misdemeanor
violation for each offense.
§ 781 Taking or destroying terrapin eggs; penalty.
Whoever
takes or destroys any terrapin eggs found, or collected, on or near the shore
of any bay, river or stream in this State, where the water is salt, or upon any
salt marsh, or beach, shall be guilty of a class D environmental misdemeanor
violation. Anyone having possession of such eggs shall be deemed to have
taken them there, unless that person proves the contrary.
§ 783 Terrapin taken or caught in Indian River or Rehoboth Bay — Use of dredges to take terrapin; penalty.
Whoever
uses any dredge for the purpose of catching or taking terrapin in the Indian
River or Rehoboth Bay, or waters adjacent thereto, shall be guilty of a class D
environmental misdemeanor violation for each offense.
§ 790 Digging out or killing female fox or her young whelps; penalty.
(b) Whoever
violates this section shall be guilty of a class C environmental misdemeanor
violation for every female fox or whelp so dug or taken out of any den,
or killed or caused to be killed.
§ 792 Legal limit on bullfrogs; penalty.
No
person shall take or kill more than 24 bullfrogs in any 1 day or night, or have
the same in that person's possession for more than 5 days after the close of
the season for killing excepting when they are had in possession alive for scientific
or propagating purposes.Whoever
violates this section shall be guilty of a class D environmental misdemeanor
violation.
Section 4. Amend Chapter 9, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 913 Sale, trade and/or barter of food fish.
(g) Any
person who violates subsection (a), (b), (c), (d) or (f) of this section shall
be fined not less than $500 for each violationguilty of a Class C environmental violation.
(h) Any person who violates subsection
(e) of this section shall be fined not less than $25 for each violation guilty
of a Class D environmental violation. Each food fish purchased, traded or
bartered for shall constitute a separate violation.
§ 919 Menhaden fishing; penalties.
(i)
Whoever violates this section shall be fined $2,500 for the first offense,
and $5,000 for each offense thereafter guilty of a Class A environmental
misdemeanor.
§ 926 Extracting oil or making fertilizer from food and game fish; penalty.
(b) Any
person who violates this section shall be fined not less than $500 nor more
than $1,000, plus the payment of costs, and for any subsequent violation of
this section the person shall be fined $2,500, plus payment of costs guilty
of a class B environmental misdemeanor.
§ 936 Enforcement; penalties; seizure and forfeiture of illegally used property; injunctions; false statements.
(1) If
there has been a violation of any provisions in §§910, 917, 918, 920, 921,
922, 923, 924, 925, and/or 928 of this title or any regulation promulgated by
the Department or permit issued by the Division relating to fishing equipment
or methods of fishing, each violator thereof shall be fined not less than
$50 nor more than $200 for each violation, plus the payment of all costs guilty
of a Class D environmental violation. For any second violation of any
provisions in §§910, 917, 918, 920, 921, 922, 923, 924, 925 and/or 928 of this
title or any regulation promulgated by the Department or permit issued by the
Division relating to fishing equipment or methods of fishing, each violator
thereof shall be fined not less than $200 nor more than $1,000, plus the
payment of all costs guilty of a Class C environmental violation.For any subsequent violation of any
provisions in §§910, 917, 918, 920, 921, 922, 923, 924, 925 and/or 928 of this
title or any regulation promulgated by the Department or permit issued by the
Division relating to fishing equipment or methods of fishing, each violator
thereof shall be fined not less than $500 nor more than $1,500 plus the
payment of all costs guilty of a Class B environmental misdemeanor;
(2) If there has been a violation of any
section of this chapter or any regulation promulgated by the Department or
permit issued by the Division other than a provision of §§910, 913, 917, 918,
920, 921, 922, 923, 924, 925, 926, 927 and/or 928 of this title or regulation
promulgated by the Department or permit issued by the Division relating to
fishing equipment or method of fishing, each violator thereof shall be fined
not less than $25 nor more than $100, plus the payment of all costs guilty
of a Class D environmental violation.For any subsequent violation of any provision of any section of this
chapter or any regulation promulgated by the Department or permit issued by the
Division, other than a provision of §§910, 913, 917, 918, 920, 921, 922, 923,
924, 925, 926, 927 and/or 928 of this title and/or any regulation promulgated by
the Department or permit issued by the Division relating to fishing equipment
or method of fishing within 2 years of any previous violation thereof, each
violator shall be fined not less than $100 nor more than $500, plus the payment
of all costs. For each violation of any section of this chapter, any
regulation promulgated by the Department pursuant thereto, or any permit issued
by the Division which involves the illegal taking of a striped bass in the
tidal waters of this State, there shall be imposed a fine of not less than
$100 nor more than $500 guilty of a Class C environmental violation.Each striped bass illegally taken shall
constitute a separate violation;
(d) Any
person, organization, group, business, corporation, partnership or any other
type of entity that knowingly makes any false statement, representation or
certification in any application, record, report, plan or other document filed
or required to be maintained under any provision of this chapter, any permit or
any regulation promulgated or issued under this chapter shall be fined not
less than $1,000, plus the payment of all costs, and may be imprisoned for up
to 30 days or may be fined and imprisoned. shall be guilty of a class A misdemeanor. The Superior Court Justice of the
Peace Courts shall have jurisdiction over offenses under this
subsection.No fine imposed under this
subsection shall be suspended.
Section 5. Amend Chapter 11, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 1129 Offenses; penalty.
The
following acts shall be offenses under this subchapter punishable by a fine
of $20 as a Class D environmental violation for each such act:
Section 6. Amend Chapter 13, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§1304 Environmental
misdemeanors, sentence and fines Environmental misdemeanors,
environmental violations, sentences and fines.
(a) Violations
of Chapters 1, 5, 6 and 7 and 1, 5, 6, 7, 9, 18, 19, 21, 23, 24, 25,
26, 27, and 28 of subchapter I of Chapter 11 of this title or Department
orders, rules or regulations promulgated to implement provisions of these
chapters are designated as environmental misdemeanors and violations.
(b) Notwithstanding
the classification of misdemeanors in §4202(a) of Title 11, environmental
misdemeanors are classified for the purpose of sentencing into 4 categories Environmental
misdemeanors and environmental violations are classified for purposes of
sentencing into the following four categories:
(1) Class A environmental misdemeanors;
(2) Class B environmental misdemeanors;
(3) Class C environmental misdemeanors violations;
(4) Class D environmental misdemeanors violations.
(c) Any
violation of Chapters 1, 5, 6 or 7 or of subchapter I of Chapter 11 of this
title for which there is no prescribed penalty shall be a class C environmental
misdemeanor violation.
(f) Any
person convicted of a class C environmental misdemeanor violation
shall be fined not less than $50 $100, nor more than $250, plus
the costs of prosecution and court costs, or such person shall be imprisoned
for up to 10 days, or such person shall be both fined and imprisoned according
to the foregoing limitations. Any person convicted of a class C
environmental misdemeanor violation within 5 years of a prior
conviction for a class C or greater environmental misdemeanor violation
shall be fined not less than $100, nor more than $500, plus the costs of
prosecution and court costs, or such person shall be imprisoned for up to 20
days, or such person shall be both fined and imprisoned according to the
foregoing limitations.
(g) Any
person convicted of a class D environmental misdemeanor violation
shall be fined not less than $25 $50, nor more than $100, plus
the costs of prosecution and court costs, or such person shall be imprisoned
for up to 5 days, or such person shall be both fined and imprisoned according
to the foregoing limitations.Any
person convicted of a class D environmental misdemeanor within 5 years of a
prior conviction for a class D or greater environmental misdemeanor shall be
fined not less than $50 $100, nor more than $200 $500,
plus the costs of prosecution and court costs, or such person shall be
imprisoned for up to 10 days, or such person shall be both fined and imprisoned
according to the foregoing limitations.
(h) Any fine imposed for any environmental misdemeanor shall not be suspended to any amount less than the minimum prescribed fine.
(i)
Any conviction of a Class C or Class D Environmental Violation, for a first
offense, shall not be reported on criminal history records kept by DELJIS or
the State of Delaware, provided multiple violations do not occurwhich would trigger second offense and higher
penalties. Delaware.This
provision shall not apply to a subsequent conviction of a Class C or Class D
environmental violation within five years, and any such subsequent conviction shall
be reported.DNREC is authorized to
retain records on Environmental Violations in whatever form the Secretary deems
necessary in order to ensure that the second offense and higher penalties are
pursued when appropriate, and the Justice of the Peace Courts are instructed to
take judicial notice of DNREC's records for this purpose.
§ 1306 Failure of officer or Fish and Wildlife Agent to do duty; penalty.
Whoever,
being an official, officer or Fish and Wildlife Agent, fails to perform any
act, duty or obligation enjoined upon the person by this part, shall be fined
not less than $50 nor more than $100 and costs for each offense guilty
of a class D environmental violation.
§ 1310 Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties.
(c) Any
person, who violates any provision of this section shall be fined not more
than $1,000 for each offense, or be imprisoned for not more than 30 days for
each offense charged with a class B environmental misdemeanor.
(d) The
Superior Court Justice of the Peace Courts shall have
jurisdiction of offenses under this section.
Section 7. Amend Chapter 18, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 1808 Penalty.
Any
person who violates any of the provisions of this chapter shall be fined not
less than $25 nor more than $500 guilty of a Class C environmental violation.
Justices of the Peace Courts shall have jurisdiction over offenses under this
chapter.
Section 8. Amend Chapter 19, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 1910 Monthly report; failure to submit.
Except
in the case of shellfish aquaculture in Delaware's Inland Bays, any person
issued a commercial shellfishing license or permit by the Department shall file
monthly reports of his or her catch by area, effort, species, and weight or
number on forms provided by the Department. A commercial shellfishing license
or permit holder who does not file said monthly report by 4:30 p.m. of the last
working day of the month following the month for which the report is due may
for the first failure to file be given a warning, for the second failure to
file may have his or her commercial shellfishing license or permit suspended by
the Secretary for a period of up to 30 days or until such time as the report is
filed, whichever occurs sooner, and for a third or subsequent failure to file
may have his or her commercial shellfishing license or permit revoked by the
Secretary until such time when all reporting requirements are fulfilled in a
manner acceptable to the Secretary shall be guilty of a Class D
environmental violation.
§ 1912 Definitions.
(a) Any person who
violates any of the provisions of Chapters 19, 21, 23, 24, 25 and 28 of this
title, except §§1910, 1911, 2306, 2506, 2509 of this title, or any rules or
regulations adopted pursuant thereto except those adopted under the auspices of
Chapter 20 of this title, shall be fined $25 for the first offense and $100
for each offense thereafter guilty of a Class D environmental violation.Magistrates Justice of the Peace
Courts shall have jurisdiction over all offenses under this section.
Section 9. Amend Chapter 23, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 2306 Marking of commercial crab pots and vessels; penalties.
(b) It
shall be unlawful for any person to lift any commercial crab pot from a vessel
other than the one corresponding with the color code on that crab pot buoy. Any
commercial crab pot which is not marked as specified in this section may be
confiscated by the Department. Any person guilty of taking crabs from a
commercial crab pot from a vessel other than the one corresponding with the
color code of that pot buoy shall be fined $100 guilty of a Class C
environmental violation.
Section 10. Amend Chapter 25, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 2506 Marking of commercial lobster pots and vessels.
The
buoys of all lobster pots placed for commercial purposes shall be marked with
the color code and number that is assigned to each commercial lobster pot
licensee. All buoys must be of a positive flotation material. The lobstering
vessel specified on the license shall display the color code assigned to the
licensee on a panel measuring at least 2 feet by 2 feet. Said panel must be
fully visible from either side of said vessel. It shall be unlawful for any
person to lift any commercial lobster pot from a vessel other than the 1
corresponding to the color code on that pot buoy. Any pot attached to a buoy,
which is not marked as specified in the regulation, may be confiscated by the
Department. Any person guilty of removing lobsters from any commercial lobster
pot from a vessel other than the 1 corresponding to the color code on that pot
buoy shall be fined $100 guilty of a Class C environmental violation.
§ 2509 Unloading locations.
It shall be unlawful for any person to unload lobsters taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State.Any person violating this subsection will be guilty of a Class C environmental violation.
Section 11. Amend Chapter 26, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 2605 Penalty.
Any
person who violates this chapter shall be fined not less than $100 nor more
than $1,000 for a first offense. For each subsequent conviction, a person shall
be fined not less than $500 nor more than $2,000. guilty of a Class C
environmental violation for the first offense.For each subsequent conviction, a person shall be guilty of a Class B
environmental misdemeanor.
Section 12. Amend Chapter 27, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 2705 Penalties.
(b) Any
person convicted of a violation of any provision of this chapter or any
regulation promulgated by the Department pursuant thereto, shall be fined
not less than $100 nor more than $1,000 for each violation, plus payment of all
costs guilty of a Class B environmental misdemeanor.Each individual horseshoe crab taken in
violation of any provision of this chapter or regulation promulgated by the
Department pursuant thereto shall constitute a separate violation.
Section 13.Amend Chapter 42, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 4202 Classification of misdemeanors.
(b) Any offense defined by statute which is not specifically designated a felony, a class A misdemeanor, a class B misdemeanor or a violation shall be an unclassified misdemeanor or an environmental misdemeanor or environmental violation.
Section 14. Amend Chapter 21, Title 23 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 2102 Penalty.
Whoever
violates this subchapter shall be fined not less than $10 nor more than $100
guilty of a Class D environmental violation.
§ 2125 Penalties; jurisdiction.
(a) Whoever
violates any of the provisions of this chapter, except §§2113(e), 2116(b),
(c), (d), (e) and (f), or any regulation promulgated thereunder, shall for
the first offense be fined not less than $25 nor more than $50. For each
subsequent like offense occurring within 12 months of a prior conviction, the
person shall be fined not less than $50 nor more than $100 shall for the
first offense be guilty of a Class D environmental violation. For each
subsequent like offense occurring within 12 months of a prior conviction, the
person will be guilty of a Class C environmental violation.
(b) Whoever
violates §2113(e) of this title shall be fined not less than $50 nor more
than $100 guilty of a Class D environmental violation.
(c) Whoever
violates §§2116(b) or (c) of this title shall for the first offense be
fined not less than $25 nor more than $115. For each subsequent like offense
occurring within 3 years of a prior conviction, the person shall be fined not
less than $50 nor more than $230, or be imprisoned not less than 10 nor more
than 30 days, or both be guilty of a Class D environmental violation.
(d) Whoever violates §
2116(d) of this title shall for the first offense be fined not less than
$100 nor more than $300, or be imprisoned not less than 10 nor more than 30
days, or both. The period of imprisonment for a first offense may be suspended be
guilty of a Class C environmental violation.For each subsequent like offense occurring
within 3 years of a prior conviction, the person shall be fined not less
than $300 nor more than $1,000, or be imprisoned not less than 30 nor more than
60 days, or both guilty of a Class B environmental misdemeanor.No person sentenced under this subsection as
a repeat offender shall receive a suspended sentence.
(f)Violations of Chapters 21, 22 and 23 of this Title or Department orders, rules or regulations promulgated to implement provisions of these chapters are designated as environmental misdemeanors and violations punishable pursuant to the sentencing categories set forth in §1304 of Title 7 of the Delaware Code.
Section 15. Amend Chapter 22, Title 23 of the Delaware Code by making insertions as shown by underline and deletions as shown by strike through by redesignating accordingly:
§ 2202 Child safety on recreational boats.
(b) A
violation ofWhoever violates
subsection (a) of this section shall be an offense punishable by a fine of
no more than $25 for each violation guilty of a Class D environmental violation.
The failure to provide a flotation device for more than 1 child in the same
recreational boat at the same time, as required by this section, shall be
treated as separate offenses.
§ 2215 Enforcement; penalties.
(c) Whoever
violates any of the provisions of this subchapter or any regulation promulgated
thereunder, shall for the first offense be fined not less than $25 nor more
than $50 guilty of a Class D environmental violation.For each subsequent like offense occurring
within 12 months of a prior conviction, the person shall be fined not less
than $50 nor more than $100 guilty of a Class C environmental violation.
§ 2225 Penalties; jurisdiction.
(a) Whoever
violates §2221(a) of this title shall for the first offense be fined not
less than $50 nor more than $200 guilty of a Class D environmental violation.
For each subsequent like offense, the person shall be fined not less than
$100 nor more than $500 or imprisoned for a term not to exceed 6 months, or
both guilty of a Class C environmental violation.
(b) Whoever
violates §2221(c) of this title shall for the first offense be fined not
less than $25 nor more than $115 guilty of a Class D environmental violation.
For each subsequent like offense, the person shall be fined not less than
$50 nor more than $230, or be imprisoned not less than 10 nor more than 30
days, or both guilty of a Class C environmental violation.
Section 16. The Delaware Code as amended by the enactment of this law shall apply to all such offenses committed, or alleged to have been committed, on or after the date of the enactment by the amendments. The Delaware Code provisions as they were in effect prior to the date of the amendments enacted today shall govern all offenses committed, or alleged to have been committed, before the date of the enactment of these amendments. Offenses which are committed or which were alleged to have been committed, during the course of conduct covering a time period both before and after the date of enactment of these amendments shall be governed by the Delaware Code as its provisions were in effect on the date prior to the enactment of these amendments.
SYNOPSIS
This legislation declassifies a number of minor violations associated with wildlife, hunting, fishing and boating by changing them from Class C and Class D environmental misdemeanors to environmental violations. These environmental violations will not be reported on criminal history records kept by The Delaware Criminal Justice Information System (DELJIS); however DNREC is authorized to retain records on environmental violations to ensure that second offenses and higher penalties are pursued when appropriate. The legislation also modernizes penalties associated with several other offenses by classifying them as various environmental misdemeanors and raises the minimum fine for Class C environmental violations from $50 to $100 for first offenses and Class D environmental violations from $25 to $50 for first offenses. Finally, the jurisdiction for a number of violations is changed from Superior Court to Magistrate Court. |
Author: Senator McBride