CHAPTER 249

FORMERLY

HOUSE BILL NO. 386

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF LAW ENFORCEMENT OFFICER.

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

WHEREAS, in accordance with the City of Wilmington Code and Charter, City of Wilmington fire investigators have been given the authority and are specifically charged with the responsibility of investigating the cause, origin and circumstances of every fire occurring in the City which is of a suspicious nature or which involves the loss of life or injury to persons or by which property has been destroyed or substantially damaged; and

WHEREAS, City of Wilmington fire investigators are responsible for investigation all such cases from the initial fire scene up to and including arrest and prosecution in a court of law, and have been trained and certified through a Delaware Police Academy which is accredited/authorized by the Council on Police Training for this very purpose; and

WHEREAS, City of Wilmington fire investigators do not fall under the definition of "municipal fire marshals" as set forth in the definition of "law enforcement officer" in the Delaware Code; and

WHEREAS, persons with these responsibilities should properly be included in the definition of law enforcement personnel to avoid misunderstandings and to clarify their authority.

NOW, THEREFORE:

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

Section 1. Amend §222(14), Title 11 of the Delaware Code by inserting "sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Council on Police Training," after the words "municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Council on Police Training," and before the words "environmental protection officers,"

Section 2. Amend §8401(5)a., Title 11 of the Delaware Code, by inserting "sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Council on Police Training," after the words "municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Council on Police Training," and before the words "environmental protection officers,"

Section 3. Amend §8502(7), Title 11 of the Delaware Code, by inserting "sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Council on Police Training," after the words "municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Council on Police Training," and before the words "environmental protection officers,"

Approved April 29, 2002