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DE HB290

Bill

Status

Introduced

3/22/2012

Primary Sponsor

Edward Bennett

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Explicitly prohibits county sheriffs and their regular deputies from exercising any arrest authority throughout Delaware Code.

  • Removes references to sheriffs from provisions granting arrest powers to other law enforcement officers, including state forest officers, fish and wildlife agents, and animal control personnel.

  • Clarifies that sheriffs and deputies are not "peace officers" or "police officers" for purposes of arrest authority, though they retain other law enforcement duties like serving process and court documents.

  • Amends multiple code sections across titles 3, 5, 6, 7, 9, 10, 11, 16, 23, 29, and 30 to remove sheriffs from lists of officers authorized to make arrests.

  • Codifies existing practice, as sheriffs have historically not exercised arrest authority and the Attorney General previously opined that sheriffs' arrest powers are no greater than those of any citizen.

Legislative Description

An Act To Amend Titles 3, 5, 6, 7, 9 10, 11, 16, 23, 29 And 30 Of The Delaware Code Relating To Sheriffs And Sheriff Deputies.

Last Action

Stricken

4/25/2012

Committee Referrals

Administration3/22/2012

Full Bill Text

No bill text available