TITLE 11

Crimes and Criminal Procedure

Criminal Procedure Generally

CHAPTER 19. Arrest and Commitment; Fresh Pursuit

Subchapter III. Police Mutual Aid Agreements

§ 1941. Short title.

This subchapter may be cited as the “Police Mutual Assistance Act.”

11 Del. C. 1953, §  1941;  57 Del. Laws, c. 43375 Del. Laws, c. 36, §  1

§ 1942. Definitions.

As used in this subchapter:

(1) “Emergency” means any such circumstance which, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, requires additional police assistance, and shall include such planned or anticipated or scheduled events that, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, will require additional police resources beyond the reasonable capacity of the requesting jurisdiction. The governing body of a jurisdiction may determine the circumstances under which police officers of its jurisdiction, together with all necessary equipment, may lawfully go or be sent beyond the territorial limits of its jurisdiction to any point within or without the State.

(2) “Jurisdiction” means a recognized geographic area such as a county, incorporated municipality or the legislatively defined area of responsibility of the Delaware River and Bay Authority or the Department of Safety and Homeland Security or the Department of Natural Resources and Environmental Control and/or the University of Delaware and/or Delaware State University in which the governing body and its police have the authority, capacity, power and right to enforce laws.

(3) “Mutual assistance” means the provisions under this subchapter enabling the police of one jurisdiction to enter into another jurisdiction for purpose of rendering assistance upon the request of the other jurisdiction.

(4) “Police” includes all authorized law-enforcement personnel of a jurisdiction.

11 Del. C. 1953, §  1942;  57 Del. Laws, c. 43366 Del. Laws, c. 110, §  166 Del. Laws, c. 306, §§  1, 270 Del. Laws, c. 105, §§  15, 1670 Del. Laws, c. 186, §  171 Del. Laws, c. 138, §§  2, 372 Del. Laws, c. 367, §  174 Del. Laws, c. 110, §  13875 Del. Laws, c. 36, §  1

§ 1943. Use of police from other jurisdictions in emergencies.

Whenever the necessity arises during an emergency, upon request, the police of one jurisdiction may, pursuant to this subchapter, lawfully enter into another jurisdiction for the purpose of assisting in meeting such emergency.

11 Del. C. 1953, §  1943;  57 Del. Laws, c. 43375 Del. Laws, c. 36, §  1

§ 1944. Mutual assistance.

(a) The police agency of a jurisdiction may in its discretion enter into agreements to provide mutual assistance for such periods as it deems advisable with any other jurisdiction within or without the State, including the District of Columbia. Such agreements must set forth the rights and obligations of the parties with respect to the mutual assistance contemplated under the agreement.

(b) [Repealed.]

11 Del. C. 1953, §  1944;  57 Del. Laws, c. 43366 Del. Laws, c. 110, §  272 Del. Laws, c. 130, §  175 Del. Laws, c. 36, §  182 Del. Laws, c. 207, § 1

§ 1945. Liability insurance.

The governing body of any jurisdiction in this State is authorized to procure or extend the necessary public liability insurance to cover claims arising out of mutual assistance to other jurisdictions.

11 Del. C. 1953, §  1945;  57 Del. Laws, c. 43366 Del. Laws, c. 110, §  375 Del. Laws, c. 36, §  1

§ 1946. Direction and authorization of activities.

(a) The principal law-enforcement officer on duty of a jurisdiction shall be responsible for directing the activities of all police coming into that officer’s jurisdiction pursuant to this subchapter.

(b) The principal law-enforcement officer shall be empowered to authorize all police from a foreign jurisdiction to the same extent as if they were duly authorized law-enforcement officers of the jurisdiction.

11 Del. C. 1953, §  1946;  57 Del. Laws, c. 43370 Del. Laws, c. 186, §  175 Del. Laws, c. 36, §  1

§ 1947. Immunities; benefits.

Police, when acting outside their respective jurisdictions pursuant to mutual assistance, shall have all the immunities from liability and exemptions from law, ordinances and regulations and shall have all the pension, relief, disability workers’ compensation and other benefits enjoyed by them while performing their respective duties within their own jurisdiction. Nothing in this subchapter shall be construed as in any way limiting the provisions of § 1911 of this title.

11 Del. C. 1953, §  1947;  57 Del. Laws, c. 43370 Del. Laws, c. 186, §  175 Del. Laws, c. 36, §  1