CHAPTER 374

FORMERLY

HOUSE BILL NO. 477

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO STATE POLICE ELIGIBILITY FOR DISABILITY PENSION.

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

Amend § 8365, Title II of the Delaware Code, by adding thereto a new subsection to read:

"(d) For the purposes of this Section, whether a member is employed as an on-duty State Trooper, as a municipal officer pursuant to a contract with the State, or on an authorized special duty function, the following duties shall be presumed to occur only while employed as a police officer, without limiting the scope of acts embraced by subsection (a) of this Section: (I) Engaging in a high-speed chase; (2) Effecting an arrest (criminal or traffic); (3) Pursuing a suspect (criminal or traffic); (4) Patrolling (criminal or traffic); (5) Directing traffic or removing traffic hazards; (6) Assisting a civilian, for example, a motorist alongside of the highway or rendering aid in a life-threatening situation (fire, drowning); (7) 1n-service training other than physical fitness; (8) Performing police functions at a crime scene or in connection with the investigation thereof; or (9) Being assaulted whether by a suspect, detainee, arrestee, prisoner, or mental patient."

Approved June 21, 1996