CHAPTER 354

FORMERLY

HOUSE BILL NO. 540

AN ACT TO AMEND SUBCHAPTER 1, CHAPTER 19, TITLE 11, DELAWARE CODE TO PROVIDE AUTHORITY AND IMMUNITY TO FEDERAL LAW ENFORCEMENT OFFICERS TO MAKE ARRESTS FOR STATE CRIMES UNDER CERTAIN CONDITIONS.

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

Section 1. Amend Subchapter 1, Chapter 19, Title 11, Delaware Code by adding a new Section 1912 to read as follows:

"§1912. Federal law enforcement officers; authority and immunity

A sworn federal law enforcement officer, who In his official capacity is authorized by law to make arrests, shell have the same legal status and immunity from suit in this State as a member of the Delaware State Police when making an arrest in this State concerning a non-federal crime, only if:

(1) He reasonably believes that the person arrested has committed or is committing a felony in his presence; or

(2) He is rendering assistance to a peace officer of this State in an emergency or at the request of the peace officer."

Approved July 17, 1984