Bill Text: DE HCR42 | 2011-2012 | 146th General Assembly | Draft
Bill Title: Requesting An Opinion From The Justices Of The Delaware Supreme Court Regarding Sheriffs' Power Of Arrest.
Spectrum: Moderate Partisan Bill (Republican 23-3)
Status: (Introduced - Dead) 2012-05-01 - Introduced and Assigned to House Administration Committee in House [HCR42 Detail]
Download: Delaware-2011-HCR42-Draft.html
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SPONSOR: |
Rep. D. Short & Sen. Simpson; |
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Reps. Lavelle, Hocker, Blakey, Briggs King, Hudson, Kenton, Lee, Manolakos, Miro, Outten, Peterman, Ramone, Willis, Wilson, Jaques, Keeley, B. Short; Sens. Sorenson, Bonini, Lawson, Booth, Connor, Cloutier |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE CONCURRENT RESOLUTION NO. 42 |
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REQUESTING AN OPINION FROM THE JUSTICES OF THE DELAWARE SUPREME COURT REGARDING SHERIFFS' POWER OF ARREST. |
WHEREAS, the sheriff of Sussex County has claimed that he and his deputies have the power to make arrests and has directed his deputies to conduct traffic stops and arrest fugitives; and
WHEREAS, the Sussex County Council has objected to the sheriff's stance on his power of arrest; and
WHEREAS, the sheriff is called a Conservator of the Peace in Delaware's Constitution; however, that term is not defined; and
WHEREAS, the Office of the Attorney General has issued 2 opinions on this subject, both concluding that sheriffs and their deputies do not have the power to arrest under Article XV, Section 1 of the Delaware Constitution, and under other laws passed by the General Assembly; and
WHEREAS, the most recent Attorney General's opinion (February 23, 2012), on the issue of whether a sheriff and his deputies have the legal authority to make arrests, concludes that the sheriff and his deputies do not have the statutory or common law authority to arrest; and
WHEREAS, the Attorney General's opinion added that the General Assembly should clarify whether it wishes to grant county sheriffs the power to arrest; and
WHEREAS, under 10 Del. C. §141, the Justices of the Supreme Court may give an opinion in writing whenever a majority of the members elected to each House request a written opinion touching on the proper construction of any provision in the State or United States Constitution or the constitutionality of any law or legislation passed by the General Assembly (10 Del.C. §141(a));
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 146th General Assembly of the State of Delaware, the Senate concurring therein, that, pursuant to 10 Del.C. §141, the majority of the members elected to each House of the General Assembly respectfully request that the Justices of the Delaware Supreme Court give us their opinion in writing as to whether or not the county sheriffs and their deputies have the authority to arrest under any provision in the Constitution of this State.
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Delaware Supreme Court.
BE IT FURTHER RESOLVED that within 5 days of forwarding a copy of this Resolution to the Delaware Supreme Court, the President Pro Tempore of the Senate and the Speaker of the House shall notify the Governor by sending him a copy of the request.
SYNOPSIS
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This concurrent resolution requests that the Justices of the Delaware Supreme Court give to the members of the General Assembly the Court's opinion in writing as to whether or not the county sheriffs and their deputies have the authority to arrest under any provision in the Constitution of this State. |
