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DE HB147

Bill

Status

Passed

6/30/2013

Primary Sponsor

John Mitchell

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Origin

House of Representatives

147th General Assembly

AI Summary

  • Replaces public hearing requirement with a three-person hearing panel appointed by the Delaware Criminal Justice Council, Delaware Police Chiefs' Council, and Delaware League of Local Governments for dismissal, demotion, or removal of police chiefs and highest-ranking officers.

  • Excludes from the new process the Police Chief of the City of Wilmington, Chief of New Castle County Police, and any colonel or highest-ranking officer of police agencies that are divisions of the Department of Safety and Homeland Security.

  • Hearing may be public at the request of the affected officer and must be held within 5 to 30 days of written notice; the hearing panel must issue a written decision within 20 days of conclusion determining if charges were substantiated or unsubstantiated.

  • Allows the hearing panel to award reasonable attorney's fees to the officer if charges are determined to be unsubstantiated.

  • Appeals from the hearing panel decision proceed on the record to Superior Court within 90 days; establishes a Rules Committee to adopt procedures and rules for hearings within nine months of enactment.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Police Chief Due Process.

Last Action

Signed by Governor

6/30/2013

Committee Referrals

Judiciary6/13/2013
Public Safety & Homeland Security5/16/2013

Full Bill Text

No bill text available