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SPONSOR: Rep. Cooke & Sen. Brown
Reps. Hilovsky, Ortega, Osienski, Harris; Sens. Hoffner,
Seigfried
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 351
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO VEHICLE SECURITY
CIRCUMVENTION DEVICES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members
elected to each house thereof concurring therein):
1 Section 1. Amend Chapter 67, Title 21 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 6711. Use of vehicle security circumvention devices.
4 (a) For purposes of this section “vehicle security circumvention device” means a motor vehicle key programing
5 device, an emulating device, a relay attack device, or any other device, computer program, application, or software
6 designed or used to intercept the signal from the key fob of a motor vehicle or electronically communicate with a motor
7 vehicle for the purpose of programming or emulating a motor vehicle key fob that is capable of being used to unlock or
8 start the motor vehicle.
9 (b) Except as otherwise provided in subsection (c) of this section, a person may not knowingly manufacture, sell,
10 offer to sell, transfer, or possess a vehicle security circumvention device, or aid or permit another to use a vehicle security
11 circumvention device.
12 (c) This section does not apply to the manufacture, sale, offering to sell, transfer, possession, or use of a vehicle
13 security circumvention device for a lawful and reasonable purpose by any of the following:
14 (1) A law enforcement officer.
15 (2) An employee of the National Insurance Crime Bureau.
16 (3) An employee of a licensed motor vehicle dealer.
17 (4) A motor vehicle distributor.
18 (5) A manufacturer of motor vehicles or motor vehicle locks.
19 (6) A motor vehicle mechanic shop.
20 (7) A locksmith company.
21 (8) A repossession agency.
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22 (d) An individual authorized to possess a vehicle security circumvention device must report a lost or stolen vehicle
23 security circumvention device to a law enforcement agency within 48 hours of becoming aware the device was lost or
24 stolen.
SYNOPSIS
This Act makes it a crime to knowingly manufacture, sell, offer to sell, transfer, or possess a vehicle security
circumvention device, or to aid or permit another to use a vehicle security circumvention device. This Act also requires
individuals to report a lost or stolen vehicle security circumvention device to a law enforcement agency within 48 hours of
becoming aware of the loss or theft.
This Act does not include a special penalty as the Chapter already provides a penalty for misdemeanors, which
includes a fine not less than $28.75 nor more than $115, or imprisonment not less than 30 days nor more than 90 days, or
both. Additionally, for each subsequent offense the person shall be fined not less than $115 nor more than $230, or
imprisoned not less than 90 days nor more than 6 months, or both.
This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution
requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new
crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.
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