CHAPTER 12

FORMERLY

HOUSE BILL NO. 67

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIRE POLICE.

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

Section 1. Amend §6702, Chapter 67, Title 16 of the Delaware Code by designating all of present §6702 as subsection (a) of said section; and by adding thereto a new subsection, designated as subsection (b), which shall read as follows:

“(b) Subject to prior written approval by the fire chief, a fire police officer may be granted permission to:

(1) assist the fire officer-in-charge, and also assist law enforcement officers as defined in §9200(b), Title 11, of the Delaware Code, anywhere within the State of Delaware;

(2) assist the fire officer-in-charge, and also assist law enforcement officers in out-of-state districts bordering the State of Delaware, with authority of the bordering district;

(3) assist at the scene of any potential emergency incident encountered by the fire police officer, and to remain on duty until released by the authorized fire officer or law enforcement officer in charge; and

(4) perform other special duties as may be requested and approved by the fire chief.”

Section 2. Amend §6703, Chapter 67, Title 16 of the Delaware Code by striking said section in its entirety, and by substituting in lieu thereof the following:

Ҥ6703. Supervision by fire officer.

A fire police officer, subject to §6702(b) of this Chapter, shall perform the fire police officer’s duties under the supervision of the fire officer-in-charge of the scene of a fire, fire drill, or other emergency, or in the absence of a fire officer-in-charge, under the supervision of the law enforcement officer in charge of the scene.”

Section 3. Amend §6704, Chapter 67, Title 16 of the Delaware Code by striking the words “until the arrival of a duly authorized police officer” as the same appear in subsection (3) of said section.

Section 4. Amend §6704, Chapter 67, Title 16 of the Delaware Code by striking subsection (4) in its entirety; and by redesignating present subsection (5) as new subsection (4).

Approved March 28, 2001