Bill Text: DE HB280 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Arrest Without Warrant For Motor Vehicle Violations.
Spectrum: Slight Partisan Bill (Democrat 22-10)
Status: (Passed) 2014-07-21 - Signed by Governor [HB280 Detail]
Download: Delaware-2013-HB280-Draft.html
SPONSOR: |
Rep. Mitchell & Sen. Ennis & Sen. Townsend |
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Reps. Baumbach, Bolden, Carson, Dukes, Heffernan, Hudson, Jaques, J. Johnson, Keeley, Miro, Mulrooney, Osienski, Outten, Paradee, Ramone, Schwartzkopf, Scott, D. Short, M. Smith, Smyk; Sens. Bushweller, Henry, Hocker, Lawson, Marshall, McBride, Peterson, Poore, Simpson |
HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
HOUSE BILL NO. 280 |
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ARREST WITHOUT WARRANT FOR MOTOR VEHICLE VIOLATIONS. |
Section 1. Amend §701 (a), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§701 Arrest without warrant for motor vehicle violations.
(a) The Secretary of Public Safety, the Secretary of Safety and Homeland Security's deputies, Division of Motor Vehicles investigators, State Police, state detectives and other police officers authorized by law to make arrests for violation of the motor vehicle and traffic laws of this State, provided such officers are in uniform or displaying a badge of office or an official police identification folder, may arrest a person without a warrant:
(1) For violations of this title committed in their presence; or
(2) For violations of §4169 of this title, relating to speed violations, when the speed is determined by radar, electronic devices, electromechanical devices, audio sensor devices, visual sensor devices or aerial spotting, even though the officer making the arrest did not actually observe the radar speed meter or observe the violation from the aircraft, provided such arresting officer is in a position to observe the vehicle being detected and provided that the officer is working in conjunction with the reading or observing officer and is immediately advised of the violation and that the vehicle being apprehended is the vehicle detected; or
(3) For violations of §4108(a)(3) of this title relating
to red traffic lights, when the violation is determined by personal observation
by another law-enforcement officer who communicates the information to the
arresting officer by radio or other telecommunications device, provided that
the arresting officer is working in conjunction with the observing officer, the
arresting officer is immediately advised of the violation and the vehicle being
apprehended is the vehicle detected.; or
(4) For violations of §4176C(a) of this title relating to electronic communication devices, when the violation is determined by personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer is immediately advised of the violation and the vehicle being apprehended is the vehicle detected; or
(5) For violations of §4802(a)(1)(2) or §4803 of this title relating to seat belts, when the violation is determined by personal observation by another law-enforcement officer who communicates the information to the arresting officer by radio or other telecommunications device, provided that the arresting officer is working in conjunction with the observing officer, the arresting officer is immediately advised of the violation and the vehicle being apprehended is the vehicle detected.
SYNOPSIS
Delaware law enforcement agencies are currently limited to making arrests for cell phone and seatbelt violations to only when the offense occurs in the presence of the police officer.This bill adds these two violations to Title 21, Chapter 7, §701 along with speeding and red light violations as offenses where an arrest is permissible when an observing officer relays the violation information to another officer and is in a position to verify that the appropriate vehicle was stopped. |