CHAPTER 354

FORMERLY

HOUSE BILL NO. 7

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 AND TITLE 20 OF THE DELAWARE CODE RELATING TO THE DELAWARE STATE POLICE.

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

Section 1. Amend §3122, Title 20 of the Delaware Code by inserting the phrase ", including the Delaware State Police Ready Reserve," between "authorities of this State" and "of the political".

Section 2. Amend Subchapter IV, Chapter 31, Title 20 of the Delaware Code by adding thereto a new section to read:

"§3122A. Delaware State Police Ready Reserve.

(a) The Delaware State Police Ready Reserve (DSPRR) consists of retired Delaware State Police troopers who assent to engage in emergency or disaster relief operations and activities when such additional assistance is required by the Superintendent of the Delaware State Police.

(b) The Superintendent of the Delaware State Police shall organize the DSPRR and shall promulgate regulations for the DSPRR, including regulations which specify (i) the qualifications for membership in the DSPRR, (ii) the powers and duties of the Reserve members, including the power of arrest, (iii) orientation and training requirements, and (iv) the circumstances for activation and deactivation of the DSPRR.

(c) Retired troopers who qualify for membership in the DSPRR are entitled to receive $1,500 per year for a 5-year commitment. Compensation during an activation period is at the base pay of an entry-level trooper. Survivors of a member of the DSPRR are eligible for line-of-duty death benefits under 11 Del. C. §8325. Participation in the DSPRR has no effect on a member's pension, including the amount of or distribution of the pension, or on other retirement benefits.

(d) DSPRR members are covered under the Tort Claims Act, Chapter 40 of Title 10, as well as under §3129 (Immunity from civil liability) of this chapter.”.

Section 3. Amend §8301, Title 11 of the Delaware Code by striking the fifth sentence in §8301 in its entirety and by substituting in lieu thereof the following:

"There may not be less than 660 authorized police officers."

Section 4. Section 3 of this Act becomes effective on July 1, 2009.

Approved June 30, 2006