SENATE BILL NO. 294
AS AMENDED BY
SENATE AMENDMENT NO. 3
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AUTHORIZATION FOR LOCAL AND OUT-OF-STATE POLICE OFFICERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend §2516, Title 29, Delaware Code, by adding a new subsection (d) thereto to read as follows:
“(d) The Attorney General may, as he or she deems necessary, authorize railroad police officers employed by (1) either a railroad company classified as a Class 1 rail carrier pursuant to 49 U.S.C. §10102 and the Interstate Commerce Commission or (2) Amtrak to have police, arrest and enforcement powers for the purpose of investigating or preventing crimes which have occurred, are occurring or may occur on property that is owned, leased, operated or controlled by the railroad, or which involve the railroad’s employees, passengers or patrons while such persons are on such property, or which involve property that is consigned or entrusted to the railroad for transportation purposes. The Attorney General shall give such authorization by oath for such period of time and pursuant to such conditions as the Attorney General deems necessary. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary. Notwithstanding any provision of this section to the contrary, no person shall be authorized pursuant to this subsection unless such person is first certified as appropriately qualified by the Council on Police Training and until memoranda of understanding are reached between the railroad and all appropriate law enforcement agencies. Nothing in this section shall limit the authority of a railroad police office employed by a rail carrier owning property in this State, and certified or commissioned under the laws of another state, to enforce the law and exercise the authority conveyed under 49 U.S.C. §28101 or 49 C.F.R. §207.”
Approved July 19, 2004