Section 1. Amend Section §1457, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

§ 1457. Possession of a deadly weapon in a Safe School and Recreation Zone; class D, E, or F felony: class A or B misdemeanor.

(a) Any person who commits any of the offenses described in subsection (b) of this section~~, or any juvenile who possesses a firearm or other deadly weapon,~~ and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

(b) The underlying offenses in Title 11 shall be:

(1) Section 1442. -- Carrying a concealed deadly weapon; class G felony; ~~class Dfelony.~~

~~(2) Section 1444. -- Possessing a destructive weapon; class E felony~~.

(2)~~(3)~~ Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor.

~~(4) Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony~~.

(3)~~(5)~~ Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor.

(4)~~(6)~~ Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor.

Section 2. Amend Title 11 of the Delaware Code by making insertions as shown by underlining as follows:

§ 1457A. Possession of Firearm or Destructive Weapon in a Safe School Zone; class D felony.

Any person who knowingly possesses a firearm or destructive weapon while in or on a "Safe School Zone" shall be guilty of the crime of possession of a weapon in a Safe School Zone.

(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

(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.

(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of possession of a firearm or a destructive weapon in a Safe School Zone and of the underlying offense as defined elsewhere by the laws of the State.

(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or in a Safe School Zone.

(f) It shall be an affirmative defense to a prosecution for a violation of this section that the firearm was possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any school-authorized sporting or recreational activity.

(g) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, a business or upon private property if the defendant was licensed or privileged to be in or upon such residence, business or private property.

(h) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a motor vehicle that was located upon a public highway or private property not 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 while the defendant was directly en route from such motor vehicle to or from a private residence, business or private property if the defendant was licensed or privileged to be in or upon such residence, business or private property.This affirmative defense shall not apply if such motor vehicle was owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school.

(i) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a motor vehicle that was located upon real property that was owned operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school if the Defendant was engaged in otherwise lawful activities at such school including, but not limited to, attending an authorized school program, activity or event or transporting another person to such school.

(j) The affirmative defenses established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.

(k) This section shall not apply to any law enforcement or police officer, or to any security officer as defined in Chapter 13 of Title 24.

(l) Possession of a firearm or destructive weapon in a Safe School Zone is a Class D felony.

(m) In the event that an elementary or secondary school student possesses a firearm in a Safe School Zone in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case by case basis, modify the terms of the expulsion.

SPONSOR:	Rep. Scott & Sen. Sokola
	Reps. Baumbach, Heffernan, Jaques; Sen. Peterson