TITLE 11

Crimes and Criminal Procedure

Law-Enforcement Administration

CHAPTER 83. STATE POLICE

Subchapter I. General Provisions


The Department of Safety and Homeland Security, hereinafter in this chapter referred to as "Department,'' may appoint police officers whose primary duty shall be to compel the enforcement of all laws relating to the weight, speed and operation of vehicles on the public highways of the State. They shall be officially known and referred to as State Police. The Department may classify such State Police according to such rank as the Department determines, and according to the duties assigned to them from time to time by the Department. The Superintendent of the State Police shall hold the rank of Colonel and shall be so classified by the Department. There may not be less than 660 authorized police officers. Calculations for determining the number of such positions shall include any appropriated (ASF) and nonappropriated (NSF) special funded positions.

34 Del. Laws, c. 84, §§ 1, 2; 37 Del. Laws, c. 73; Code 1935, § 5747; 45 Del. Laws, c. 276; 47 Del. Laws, c. 1; 11 Del. C. 1953, § 8301; 53 Del. Laws, c. 235, § 1; 56 Del. Laws, c. 438, § 1; 57 Del. Laws, c. 670, § 3A; 58 Del. Laws, c. 495; 66 Del. Laws, c. 241, § 1; 67 Del. Laws, c. 47, § 209; 69 Del. Laws, c. 291, § 244; 69 Del. Laws, c. 461, § 1; 72 Del. Laws, c. 98, § 1; 74 Del. Laws, c. 110, § 138; 75 Del. Laws, c. 354, § 3.;

(a) State Police shall have police powers similar to those of constables and other police officers, and shall be conservators of the peace throughout the State, and they shall suppress all acts of violence, and enforce all laws relating to the safety of persons and property. The State Police shall be the primary law-enforcement agency within the State. The State Police shall have exclusive jurisdiction, excluding the incorporated limits of any municipality maintaining an established police department, for police investigations of the following:

(1) Homicide;

(2) Suicide;

(3) All other deaths requiring medical examiner's investigation;

(4) Kidnapping;

(5) Rape and unlawful sexual intercourse; and

(6) All attempts thereof.

(b) When police officers who are certified by the Delaware Council on Police Training are acting outside their respective jurisdiction as conservators of the peace in response to a request for assistance from the State Police, those officers shall be considered to be acting as State Police Officers and shall have the powers of arrest thereof.

(c) State Police shall have all powers and jurisdiction to enforce all county noise ordinances duly enacted in the unincorporated areas of Kent County and Sussex County.

34 Del. Laws, c. 84, § 4; Code 1935, § 5747; 45 Del. Laws, c. 276; 11 Del. C. 1953, § 8302; 58 Del. Laws, c. 204; 60 Del. Laws, c. 103, § 1; 61 Del. Laws, c. 7, § 1; 66 Del. Laws, c. 269, § 10; 72 Del. Laws, c. 131, § 1; 74 Del. Laws, c. 45, § 1; 76 Del. Laws, c. 111, § 1.;

Each of the State Police shall receive a salary in accordance with the current State Police compensation schedule. Years of service commence as of anniversary date of hire. The Superintendent of State Police shall receive a salary that is 9 percent greater than the Assistant Superintendent of State Police. The Assistant Superintendent of State Police shall receive a salary that is 9 percent greater than the average salary of the State Police majors.

34 Del. Laws, c. 84, § 3; 35 Del. Laws, c. 64; 37 Del. Laws, c. 76; Code 1935, § 5747; 45 Del. Laws, c. 276, § 1; 11 Del. C. 1953, § 8303; 56 Del. Laws, c. 353, § 1; 57 Del. Laws, c. 331, § 1; 58 Del. Laws, c. 332, § 1; 59 Del. Laws, c. 379, § 1; 60 Del. Laws, c. 696, § 1; 71 Del. Laws, c. 132, § 246; 76 Del. Laws, c. 280, § 288.;

The Superintendent of State Police shall, subject to the approval of the Department, prescribe the specifications for the standard uniforms to be used by the State Police.

34 Del. Laws, c. 84; 37 Del. Laws, c. 73; Code 1935, § 5748; 43 Del. Laws, c. 263, § 1; 11 Del. C. 1953, § 8304.;

The Department shall establish and maintain at least 5 State Police stations in the State, 1 of which shall be located at Penny Hill, New Castle County, 1 of which shall be located at or near the intersection of Routes 40 and 896, New Castle County, 1 of which shall be located at or near the City of Dover, Kent County, 1 of which shall be located at or near Bridgeville, Sussex County and 1 of which shall be located at or near Georgetown, Sussex County, and such other stations as the Department deems necessary for the proper policing of the highways of the State and for the enforcement of the laws of the State. Such State Police stations as are herein directed to be established and maintained shall each be staffed with members of the State Police, and shall each be equipped with radio equipment to aid in the police work of the Department.

Code 1935, § 5747A; 46 Del. Laws, c. 49, § 1; 11 Del. C. 1953, § 8305; 72 Del. Laws, c. 340, § 1.;

The regular work week of all members of the State Police appointed by the Department shall consist of a 5-day, 40-hour week, except at such times as the Department, acting upon the specific recommendation of the Superintendent of State Police, may declare a longer regular work week during periods of special need.

11 Del. C. 1953, § 8306; 49 Del. Laws, c. 101, § 1; 57 Del. Laws, c. 331, § 2; 57 Del. Laws, c. 670, § 3B; 58 Del. Laws, c. 332, § 2.;

(a) Whenever any personal property of any kind, except money, comes into the custody of the State Police and the person entitled to possession of the same cannot be located and fails to claim the same for a period of 1 year, the Superintendent of the State Police may dispose of the same at public sale at some place which shall be convenient and accessible to the public, provided that the time, place and terms of said sale, together with a description of said personal property, shall be inserted in 1 or more daily newspapers published in the State at least once each week for 2 successive weeks prior to said sale. The Superintendent shall in the Superintendent's discretion fix the terms of sale and may employ an auctioneer to make the sale. If the personal property be of the kind for which a certificate of title or registration shall or should have been issued by any commissioner, commission or department, whether state or federal, the Superintendent shall cause notice by registered mail to be sent at least 10 days prior to the sale to the owner and lien holder, if any, shown on the records of such commissioner, commission or department, or to the person entitled to the possession thereof, if an address be known or if it can be ascertained by the exercise of reasonable diligence; and if said address cannot be so ascertained, then such notice shall not be required to be given.

(b) After deducting from the proceeds of the sale the expense of making the same and the amount of storage and any other repair or tow charges incurred during the period in which the same was in custody, and after the payment of all liens to which said property was subject in the order of their priority, the balance remaining, if any, shall be paid into the Police Retirement Fund of the State Police. If the owner or the person entitled to the possession of personal property, sold as aforesaid, shall present to the Superintendent a claim, duly sworn to, at any time within 3 years from the date of such sale, for the balance remaining from the proceeds of such sale, the Superintendent shall cause to be paid from said Police Retirement Fund the amount of such balance, without interest, to such claimant. If no claim for such balance is made within 3 years from the date of such sale, such balance shall become the property of said Police Retirement Fund in the same manner as other sums contributed thereto.

(c) Whenever any lost, abandoned or stolen money comes into the custody of the State Police, the Superintendent of the State Police shall make a reasonable effort to locate the owner thereof. If the owner of any stolen money cannot be located or fails to claim such stolen money within 1 year from the date that it came into the custody of the State Police, such money shall become the property of the State Police Retirement Fund in the same manner as other sums contributed thereto. If the owner of any lost or abandoned money cannot be located or fails to claim such lost or abandoned money within 1 year from the date that it came into the custody of the State Police, such money shall become the property of the person who delivered custody of such money to the State Police and shall be returned by the Superintendent to such person as soon as is practicable.

(d) No action for the recovery of personal property, money or damages arising under this section shall be brought after the expiration of 3 years from the accruing of the cause of such action; provided, however, that this subsection shall not be deemed to constitute a waiver of any immunity from suit to which the Superintendent of State Police may otherwise by law be entitled.

(e) The certificate of the Superintendent that any such personal property has been sold to a purchaser as provided in this section shall constitute sufficient evidence of title to any property so sold in order to enable any such purchaser to obtain a certificate of title and registration from the appropriate commissioner, commission or department, which shall recognize such certificate of the Superintendent as sufficient authority for the issuance of a certificate of title and registration.

(f) This section shall not apply to any property the disposition of which is provided for elsewhere in this title.

11 Del. C. 1953, § 8307; 50 Del. Laws, c. 239, § 1; 61 Del. Laws, c. 95, §§ 1-3; 70 Del. Laws, c. 186, § 1.;

(a) The Superintendent of the State Police is authorized to administer a fund to be known as the "Crime Reduction Fund.''

(b) Expenses for the administration of this Fund shall be paid by the State Treasurer out of funds of the General Fund, not otherwise appropriated, not to exceed $10,000 in any fiscal year.

11 Del. C. 1953, § 8308; 57 Del. Laws, c. 493.;