Delaware General Assembly

CHAPTER 199

FORMERLY

HOUSE BILL NO. 100

AS AMENDED BY HOUSE AMENDMENT NO. 3

Section 1. Amend § 3343(a)(3), Title 18 of the Delaware Code, by striking the phrase "In determining whether this section applies, the" and by substituting in lieu thereof the word "The".

Section 2. Amend §3343(a)(3), Title 18 of the Delaware Code, by striking the last two sentences in their entirety.

Section 3. Amend § 3343(c)(1), Title 18 of the Delaware Code, by inserting the phrase “or in a treatment facility approved by the Department of Health and Social Services or the Bureau of Alcoholism and Drug Abuse as set forth in Chapter 22 of Title 16 of the Delaware Code” after the phrase “licensed by the State” and before the phrase “or substantially similar” as they appear therein.

Section 4. Amend §3343, Title 18 of the Delaware Code, by inserting the phrase "and drug and alcohol dependencies" after the phrase "serious mental illnesses" and by inserting the phrase "and drug and alcohol dependency" after the phrase "serious mental illness" everywhere they appear in subsections (b), (c), (d), (e), and (f).

Section 7. Amend § 3566(a)(3), Title 18 of the Delaware Code, by striking the phrase "in determining whether this section applies the" and by substituting in lieu thereof the word "The".

Section 8. Amend §3566(a)(3), Title 18 of the Delaware Code, by striking the last two sentences in their entirety.

Section 9. Amend § 3566, Title 18 of the Delaware Code, by inserting the phrase "and drug and alcohol dependencies" after the phrase "serious mental illnesses" and by inserting the phrase "and drug and alcohol dependency" after the phrase "serious mental illness" everywhere they appear in subsections (b), (c), (d), (e) and (f).

Section 10. Amend § 3566(c)(1), Title 18 of the Delaware Code, by inserting the phrase “or in a treatment facility approved by the Department of Health and Social Services or the Bureau of Alcoholism and Drug Abuse as set forth in Chapter 22 of Title 16 of the Delaware Code” after the phrase “licensed by the State” and before the phrase “or substantially similar” as they appear therein.

Section 11. Amend § § 3343(c)(1), Title 18 of the Delaware Code, by inserting the following after the phrase "State Board of Licensing": "including, but not limited to, psychologists, psychiatrists, social workers, and other such mental health professionals, or a drug and alcohol counselor who has been certified by the Delaware Certified Alcohol and Drug Counselors Certification Board".

Section 12. Amend §3566(c)(1), Title 18 of the Delaware Code, by inserting the following after the phrase "State Board of Licensing":

Section 13. This Act shall become effective upon the specific appropriation of funds for such purposes in the Annual Appropriations Act.