CHAPTER 101

FORMERLY

SENATE BILL NO. 24

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER 1, CHAPTER 19, TITLE 11, DELAWARE CODE RELATING TO PROVIDING STATEWIDE AUTHORITY TO CERTAIN POLICE OFFICERS UNDER CERTAIN CONDITIONS.

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 Subchapter 1, Chapter 19, Title 11, Delaware Code by adding a new Section 1911 to read as follows:

"§1911. Police Officers; Statewide Authority

(a) For purposes of this section police officer means any police officer holding current certification by the Council on Police Training as provided by Chapter 84, Title 11, Delaware Code and who Is:

(1) A member of the Delaware State Police

(2) A member of the New Castle County Police

(3) A member of the Police Department, Bureau or Force, of any incorporated city or town

(b) A police officer may arrest without a warrant at any location within the State any person he has reasonable grounds to believe is committing or attempting to commit a felony In his presence.

(c) An "on-duty" police officer may arrest at any location in the State any person for any offense committed within the jurisdiction of the officer's employing agency and for whose arrest a warrant has been issued. The "on-duty" police officer shall where acting outside of his jurisdiction take reasonable measures to notify the primary jurisdictional police agency of the intended time and place of the execution of the arrest warrant.

(d) A police officer may render assistance to another police officer at any location within the State when he reasonably believes that the police officer to be assisted is lawfully performing his duty and that death or injury will occur to that police officer if assistance is not provided.

(c) A police officer acting under the authority of this Section shall be considered to be acting within the scope of his employment.

(f) The provisions of this Section shall not serve to limit the authority of members of the Delware State Police or other police officers as provided for elsewhere in this Title or by other authority."

Section 2. This Act shall become effective 90 days after being signed by the Governor and will terminate July 1, 1985. The Delaware Police Chiefs' Council shall provide the General Assembly with a comprehensive report on the impact of the provisions of this Act within In days of the beginning of the legislative session beginning January, 1985.

Approved July 6, 1983.