HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 302

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FORGERY OF PROOF OF VACCINATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 861, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 861. Forgery; class F felony; class G felony; class A misdemeanor; restitution required.

(b) Forgery is classified and punished as follows:

(2) Forgery is forgery in the second degree if the written instrument is or purports to be: be any of the following:

a. A deed, will, codicil, contract, release, assignment, commercial instrument, check check, or other instrument which does or may evidence, create, transfer, terminate terminate, or otherwise affect a legal right, interest, obligation or status; or obligation, or status.

b. A public record, or an instrument filed or required to be filed in or with a public office or public servant; or servant.

c. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or servant, or governmental instrumentality.

d. Part of an issue of tokens, tickets, public transportation transfers, certificates certificates, or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or services.

e. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device for which a prescription is required by law.

Forgery in the second degree is a class G felony.

(4) If the written instrument is or purports to be provided to an individual by a vaccine provider documenting that an individual has been vaccinated, which bears a government logo or other indication that the written instrument is created by a governmental instrumentality and includes information such as the date an individual received a vaccination and the type of vaccine and lot number, forgery is classified and punished as follows:

a. A first offense by an individual involving a single written instrument under paragraph (b)(4) of this section is forgery in the third degree, a class A misdemeanor.

b. All other forgery under paragraph (b)(4) of this section is forgery in the second degree, a class G felony.