DE HCR42

Request for the Delaware Supreme Court to issue a written opinion on whether county sheriffs and their deputies have constitutional authority to arrest under the State Constitution.

Initiated by disputes between Sussex County Sheriff and Sussex County Council regarding the sheriff's claim to arrest powers, including authority to conduct traffic stops and arrest fugitives.

References two prior Attorney General opinions (most recent February 23, 2012) concluding sheriffs lack statutory or common law arrest authority, with recommendation that the General Assembly clarify its intent.

Authorizes the request under 10 Del.C. §141, which permits the Delaware Supreme Court to issue opinions when requested by a majority of members from both legislative houses on constitutional questions.

Requires the President Pro Tempore of the Senate and Speaker of the House to notify the Governor within 5 days of submitting the resolution to the Supreme Court.