Del. Code tit. 11 § 8401

Current through 2024 Legislative Session Act Chapter 254
Section 8401 - Definitions

As used in this chapter:

(1) "Approved school" means a school authorized by the Commission to provide mandatory training and education for police officers as prescribed in this chapter.
(2) "Articulation agreement" means a written agreement for the transfer of academic credit.
(3) "Body-worn camera" means an electronic device that is worn by a law-enforcement officer and records audio and video data on the device itself or transmits audio and video data to another location for recording.
(4) "Commission" means the Police Officer Standards and Training Commission.
(5) "Permanent appointment" means appointment by the authority of any municipality or governmental unit in or of this State or the University of Delaware to permanent status as a police officer.
(6) "Police officer" means a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality, whether employed full or part-time, who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State.
a. For purposes of this chapter this term shall include permanent law-enforcement officers of the Department of Natural Resources and Environmental Control, state fire marshals, municipal fire marshals who are graduates of a Delaware Police Academy which is accredited/authorized by the Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, agents of the State Division of Alcohol and Tobacco Enforcement, officers or agents of the Delaware Police Sex Offender Task Force, agents employed by a state, county or municipal law-enforcement agency engaged in monitoring sex offenders, state detective or special investigator of the Department of Justice and officers of the University of Delaware Police Division, Delaware State University Police Department.
b. For purposes of this chapter this term does not include the following:
1. A sheriff, regular deputy sheriff or constable.
2. A security force for a state agency or other governmental unit; or, a seasonal, temporary or part-time law-enforcement officer of the Department of Natural Resources and Environmental Control.
3. A person holding police power by virtue of occupying any other position or office.
4. An animal welfare officer of the Office of Animal Welfare or the Department of Agriculture.
(7) "Seasonal appointment" means appointment for less than 6 months each year but more than 4 weeks for police duties necessitated by seasonal demands.

11 Del. C. § 8401

Amended by Laws 2023, ch. 149,s 1, eff. 8/7/2023.
Amended by Laws 2021, ch. 83,s 2, eff. 7/21/2021.
Amended by Laws 2015, ch. 200,s 5, eff. 2/3/2016.
Amended by Laws 2013, ch. 200,s 1, eff. 2/25/2014.
11 Del. C. 1953, § 8401; 57 Del. Laws, c. 261; 57 Del. Laws, c. 670, § 1A; 63 Del. Laws, c. 31, §1; 68 Del. Laws, c. 172, §§1, 2; 68 Del. Laws, c. 330, §1; 72 Del. Laws, c. 367, § 2; 72 Del. Laws, c. 371, § 2; 72 Del. Laws, c. 379, § 3; 73 Del. Laws, c. 195, § 3 [2]; 73 Del. Laws, c. 249, § 2; 74 Del. Laws, c. 250, § 2; 74 Del. Laws, c. 331, § 1; 76 Del. Laws, c. 43, § 2; 76 Del. Laws, c. 163, § 1; 78 Del. Laws, c. 155, § 4.;