CHAPTER 62

FORMERLY

HOUSE BILL NO. 147

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO WEAPON OFFENSES.

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

Section 1. Amend Chapter 14, Title 11 of the Delaware code by inserting thereto a new section designated as Section 1458, which shall read as follows:

"§ 1458. Removing a firearm from the possession of a law enforcement officer.

(a) A person shall not knowingly or recklessly remove or attempt to remove a firearm, mace, baton, or other deadly weapon from the possession of another person, or deprive the other person of its use if:

(1) the person has knowledge or reason to know that the other person is employed as:

(i) a law enforcement officer including, but not limited to all those defined as 'police officer' in Section 1911(a) of this title, who is authorized by law to make arrests

(ii) a sheriff, deputy sheriff, constable, judicial assistants, court bailiffs or other court security officers or court bailiff

(iii) an employee of the Department of Correction, the Division of Parole and Probation or the Department of Youth Rehabilitative Services, and

(iv) special investigators and state detectives with the Delaware Department of Justice, Office of the Attorney General; and

(v) armored car guards licensed pursuant to Title 24, Delaware Code, Sections 1317 or 1320; and

(2) the other person is lawfully acting within the course and scope of his or her employment.

(b) A person who violates this section is guilty of a Class C felony."

Approved June 16, 1997