SENATE BILL NO. 169
AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 19, TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE MUTUAL AID AGREEMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Section 1942, Subchapter III, Chapter 19, Title 11, Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following:
As used in this Subchapter:
(1) 'Mutual Aid Agreement' means a covenant between counties, incorporated
municipalities, or the Delaware River and Bay Authority and/or the Department of Administrative Services enabling the police of one jurisdiction to enter into another jurisdiction for purpose of rendering assistance upon the request of the other jurisdiction.
(2) 'Police' includes all authorized law enforcement personnel of a
(3) 'Jurisdiction' means a recognized geographic area such as a county,
incorporated municipality or the legislatively defined area of responsibility of the Delaware River and Bay Authority or the Department of Administrative Services in which the governing body and its police have the authority, capacity, power and right to enforce laws.
(4) 'Emergency' means any such circumstance which, in the judgement of the principal law enforcement officer of the requesting jurisdiction, requires
additional police assistance. The governing body of a jurisdiction may determine the circumstances under which policemen of its jurisdiction, together with all necessary equipment, may lawfully go or be sent beyond the territorial limits of its jurisdiction to any point within or without the State of Delaware."
Section 2. Amend Section 1944, Subchapter III, Chapter 19, Title 11, Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following:
§1944. Mutual Aid Agreement
(a) The governing body of a jurisdiction may in its discretion enter into mutual
aid agreements for such periods as it deems advisable with any other jurisdiction within or without the State, including the District of Columbia, in order to establish and carry into effect a plan to provide mutual assistance through the furnishing of police and all necessary equipment in the event of an emergency.
(a) No governing body of a jurisdiction shall enter into a mutual aid agreement unless the agreement provides that each of the parties shall:
(1) Indemnify all other parties to the agreement for any and all claims which may arise out of authorized activities of the other parties outside their respective jurisdictions pursuant to the agreement unless agreed upon otherwise as a condition of the agreement.
(1) Indemnify the other parties to the agreement from all claims by third
parties for property damage or personal injury which may arise out of authorized activities of the other parties while acting outside their respective jurisdictions pursuant to the agreement."
Section 3. Amend Section 1945, Subchapter III, Chapter 19, Title 11, Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following:
§1945. Liability Insurance
The governing body of any jurisdiction in this State is authorized to procure or extend the necessary public liability insurance to cover claims arising out of mutual aid agreements executed with other jurisdictions."
Approved July 8, 1987.