SPONSOR:	Rep. Miro & Sen. Vaughn;
	Rep. Spence

HOUSE OF REPRESENTATIVES

143rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 388

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES RELATING TO RECORDING DEVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 922, Title 11, Delaware Code, by deleting the phrase "labelling; unclassified misdemeanor" as found in the title, and by substituting in lieu thereof the phrase "labeling; class G felony", and further by deleting from subsection (a), the phrase "outside cover, box, or jacket", and substituting in lieu thereof, the phrase "cover, box, jacket, or label".

Section 2. Amend § 922, Title 11, Delaware Code, by deleting from subsection (b), the phrase "an unclassified misdemeanor", and by substituting in lieu thereof the phrase "a class G felony", and further by adding a new subsection (c) to read as follows:

"(c) A second or subsequent violation of the Section shall constitute a class F felony.".

Section 3. Amend Title 11, Delaware Code, by adding a new § 924A to read as follows:

"§ 924A. Forfeiture.

If a person is convicted of a violation of § 922, the court in its sentencing order shall order the forfeiture and destruction or other disposition of:

(1) all articles on which the conviction is based; and

(2) all implements, devices, materials, and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based.".

SYNOPSIS

This Bill increases the penalty for improper labeling of pirated sound recordings by making it a class G felony or class F felony. It also provides that upon conviction, the court shall order the equipment used to make the illicit copies be forfeited and destroyed.