CHAPTER 154

AN ACT TO AMEND TITLE 11, CHAPTER 19, SUBCHAPTER II, DELAWARE CODE, RELATIVE TO FRESH PURSUIT IN FELONIES, MISDEMEANORS, AND VIOLATIONS OF MOTOR VEHICLE LAW.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 11, Chapter 19, Subchapter II, Section 1931, Delaware Code, is stricken and a new section 1931 enacted in lieu thereof to read :

§ 1931. Definitions

As used in the subchapter--

'Fresh pursuit" includes fresh pursuit as defined by the common laW, and also the pursuit of a person who has committed a felony, or a misdemeanor or a violation of the Motor Vehicle Code of the State of Delaware or who is reasonably suspected of having committed a felony or a misdemeanor or a violation of the Motor Vehicle Code of the State of Delaware and also includes the pursuit of a person suspected of having committed a supposed felony or misdemeanor or violation of the Motor Vehicle Code of the State of Delaware though no violation of the law has actually been committed, if there is reasonable grounds for believing that a violation of the law has been committed ; however, fresh pursuit as used herein does not necessarily imply instant pursuit, but pursuit without unreasonable delay.

Section 2. Title 11, Chapter 19, Subchapter II, Section 1932 (a), Delaware Code, is stricken and a new Section 1932 (a) enacted in lieu thereof to read :

§ 1932. Arrest by out-of-state police

(a) Any member of a duly organized State, county or Municipal peace unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony,

a misdemeanor or a violation of the Motor Vehicle Code in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any' duly organized State, county or municipal peace unit of this State, to arrest and hold in custody a person on the ground that he is believed to have committed a felony, a misdemeanor or any violation of the Motor Vehicle Code in this State.

Section 3. Title 11, Chapter 19, Subchapter II, Delaware Code, is amended by adding the following new section' to be known as Section 1935:

§ 1935. Fresh pursuit by county, municipal, 'town and other peace units.

Any peace officer of a duly organized county, municipal, town, interstate bridge or park peace unit may carry out fresh pursuit of any person anywhere within this State, regardless of the original territorial jurisdiction of such officer, in order to arrest such person pursued, when there is reasonable grounds to suspect that a felony, misdemeanor, or violation of the Motor Vehicle Code has been committed in this State by such a person.

Approved December 26, 1967.