CHAPTER 67

FORMERLY

HOUSE BILL NO. 156

AN ACT TO AMEND CHAPTER 21, TITLE 23, DELAWARE CODE RELATING TO ARRESTS MADE WITHOUT WARRANTS.

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

Section 1. Amend Chapter 21, Title 23, Delaware Code by adding a new

section to read as follows:

12126. Arrest without warrants.

(a) Any Fish and Wildlife Agent or police officer of this State authorized to make arrests for violations of this title and regulations promulgated thereunder is further authorized to arrest a person without a warrant at the scene of a boating accident upon reasonable and probable cause to believe, based upon personal investigation which may include information obtained from eye witnesses, that a violation has been committed by any person then and there present.

(a) An arrest without a warrant is further authorized under this subsection, (1) whenever a subject voluntarily absents himself from the scene of the accident, and (2) whenever a suspect is removed from the scene of the accident for the purpose of receiving medical attention in which case the medical facility shall be considered as an extension of the scene of the accident.

(b) When a suspect has been initially detained by an active duty member of the United States Coast Guard, an arrest of that suspect without a warrant is authorized under this section, when based upon reasonable and probable cause, which shall include information obtained from this said active duty member of the United States Coast Guard, that the suspect had been operating a vessel while under the influence of alcohol or drugs in violation of provisions of this Title.

Approved June 28, 1991.