CHAPTER 206

FORMERLY

SENATE BILL NO. 162

AS AMENDED BY SENATE AMENDMENT NOS. 1, 2 AND 5

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ARRESTS WITHOUT WARRANT FOR MOTOR VEHICLE VIOLATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §701, Title 21, Delaware Code by adding new subsections thereto as follows:

“(c) Any arrests for violations of §4168 or §4169 of this title or any local ordinance equivalent thereof by a municipal, town or city police department within their jurisdiction as defined by their charter on a state highway shall occur only if:

(1) A REDUCED SPEED AHEAD sign is posted sufficient distance as determined by the Department of Transportation prior to the start of the speed zone being enforced if the speed limit enforced is less than 55 miles per hour or a SPEED LIMIT 55 [or 65, as appropriate] STRICTLY ENFORCED sign is posted sufficient distance as determined by the Department of Transportation prior to the start of the speed zone being enforced; and

(2) A speed limit sign with the limit is posted at the start of the speed zone; and

(3) A yellow ‘strictly enforced’ sign is posted below the speed limit sign; and

(4) An ‘entering corporate limits of ______________’ with the name of the city, town or municipality inserted on the sign, posted at the corporate limits; and

(5) A ‘leaving corporate limits of ____________’, with the name of the city, town or municipality inserted on the sign, posted at the end of the corporate limits; and

(6) Any signs required under this subsection shall be installed by the Department of Transportation, with the costs borne by the Department of Transportation. Said signs shall be no less than 2’ by 3’ in size, and shall be posted on the left and right sides of the highway being monitored.

(d) ‘State Highways’ as used in subsection (c) of this section include the following:

(1) U.S. 13

(2) U.S. 113

(3) Delaware Route 1 (SR 1)

(4) Interstate I-95

(5) Interstate I-495

(6) Delaware Route 141

(7) Delaware Route 2

(8) Delaware Route 896

(9) U.S. Route 40

(10) U.S. Route 301

(11) U. S. 202

(12) Interstate I-295.

(e) No municipal, town or city police department shall operate any speed enforcement equipment outside of their corporate limits, notwithstanding any municipal charter provision or provision of this Code to the contrary.”.

Section 2. If any provision of this Act or the application hereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 3. This Act shall take effect 6 months after its enactment into law.

Approved July 24, 2001