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DE HB325

Bill

Status

Passed

6/19/2012

Primary Sponsor

Gerald Brady

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Explicitly prohibits sheriffs and deputy sheriffs from having any arrest authority in Delaware criminal cases.

  • Allows sheriffs and deputy sheriffs to take into custody and transport persons only when specifically ordered by a judge or commissioner of Superior Court.

  • Removes sheriffs and deputies from the definition of "law-enforcement officers" and "peace officers" in multiple sections of Delaware Code, while allowing them to be considered law-enforcement officers when acting under specific court orders.

  • Eliminates references to sheriffs as ex officio Fish and Wildlife Agents and removes sheriffs from various enforcement duties previously assigned to them across multiple state codes.

  • Requires county council or levy court resolution before a sheriff or deputy sheriff can be commissioned as a constable.

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

Signed by Governor

6/19/2012

Committee Referrals

Executive5/16/2012
Administration5/3/2012

Full Bill Text

No bill text available