CHAPTER 313

FORMERLY

SENATE BILL NO. 429

AN ACT TO AMEND CHAPTER 84, TITLE 11, DELAWARE CODE, RELATING TO THE POWERS AND DUTIES OF THE COUNCIL ON POLICE TRAINING UNDER THE DELAWARE POLICE TRAINING PROGRAM.

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

Section 1. Amend §8404, Chapter 84, Title 11, Delaware Code, by striking therefrom subsection (a)(4) in its entirety and substituting in lieu thereof a new subsection (a)(4) to read as follows:

"§8404(a)(4). Suspend or revoke certification in the event that an individual:

a. Obtained a certificate by fraud or deceit;

b. Has failed to successfully complete any in-service or advanced training required by the Council;

c. Has been convicted of a felony, or of a misdemeanor involving moral turpitude, or of any local, state or federal criminal offense involving, but not limited to, theft, fraud, or violation of the public trust, or of any drug law;

d. Has been found, after examination by a licensed psychologist or psychiatrist, to be psychologically or emotionally unfit to perform the duties or exercise the powers and authority of a police officer;

e. Has been discharged from employment with a law enforcement agency for a breach of internal discipline; or has tendered his resignation prior to the entry of findings of fact concerning an alleged breach of internal discipline and who is found by the Council to have engaged in conduct constituting a breach of internal discipline for which the individual could have been legitimately discharged had he not resigned his position prior to an adverse finding of fact being entered on the issue by the employing agency."

Section 2. Amend Chapter 84, Title 11, Delaware Code, by adding thereto a new §8404A to read as follows:

"§8404A. Hearings.

In all situations where the provisions of Section 8404(a)(4) or Section 8410(b) of this Chapter are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein:

(a) The Chairman shall select three (3) members of the Council to comprise a Board which will hear evidence on the allegation (hereinafter "Board").

(b) Upon conclusion of the hearing provided for in this Section, the board shall submit its findings and recommendation to the full Council in writing for consideration and vote.

(c) The ultimate findings of the Council shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 days of receipt of written notification of said finding. Absent an appeal, all findings of the Council shall' become final upon expiration of said appeal deadline.

(d) All hearings shall be conducted in accordance with the Administrative Procedures Act of the Delaware Code."

Approved July 10, 1990.