CHAPTER 121

FORMERLY

HOUSE BILL NO. 94

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 41, PART I, TITLE 14 OF THE DELAWARE CODE RELATING TO DRUGS, DANGEROUS INSTRUMENTS, AND DEADLY WEAPONS ON SCHOOL PREMISES.

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

Section 1. Amend §4112, Chapter 41, Part I, Title 14 of the Delaware Code by adding thereto a new subsection, designated as subsection (c), which new subsection shall read as follows:

"(c) Student Possession of Weapons and Unlawful Drugs;

Mandatory Complaints.

In any instance where a school employee reports to the superintendent any incident where a pupil has on his person, or concealed among his possessions, or placed elsewhere on the school premises any controlled drug (as prohibited by Title 16) dangerous instrument or deadly weapon (as prohibited by Title 11), the superintendent or his designee, after verifying the identity of the pupil involved and the probable cause to believe that a criminal charge is appropriate, without unreasonable delay after the incident being reported, shall report such incident to the police department having jurisdiction over the offense. The superintendent or his designee shall also file a report of such incident with the State Department of Public Instruction. The obligations of the superintendent as set forth in this subsection are mandatory, and are not discretionary."

Section 2. Amend §4112, Title 14 of the Delaware Code by adding a new subsection (d) to read as follows:

"(d) A school employee, superintendent or his designee who causes or provides information leading to the arrest of any person under subsection (b) or (c) of the Section, shall not be held civilly or criminally liable for such arrest provided he had, at the time of such arrest, probable cause to believe that the person committed the crime as defined in either subsection (b) or (c) of this Section."

Approved July 9, 1981.