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Delaware Statutes, Title 11

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Delaware/Statutes

← All Delaware coverage

Title 11, Crimes and Criminal Procedure

53 chapters · 1,301 sections in this title.

All chapters in Title 111,301 Ch 5, SPECIFIC OFFENSES432 Ch 85, STATE BUREAU OF IDENTIFICATION85 Ch 65, DEPARTMENT OF CORRECTION69 Ch 83, STATE POLICE49 Ch 43, SENTENCING, PROBATION, PAROLE AND PA…48 Ch 25, EXTRADITION AND DETAINERS41 Ch 2, General Provisions Concerning Offenses40 Ch 4, Defenses to Criminal Liability34 Ch 35, WITNESSES AND EVIDENCE29 Ch 88, Delaware County and Municipal Police…29 Ch 19, ARREST AND COMMITMENT; FRESH PURSUIT26 Ch 94, Crime Victims’ Bill of Rights26 Ch 42, Classification of Offenses; Sentences25 Ch 90, Compensation for Innocent Victims of…25

1,301 sections·Filtered byTitle 11✕

11 Del. C. § 8365. Eligibility for disability pension.
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§ 8365. Eligibility for disability pension. (a) A member who suffers a partial or total disability resulting from an individual and specific act the type of which would normally occur only while employed as a police officer shall be eligible for a duty-connected disability pensio…
11 Del. C. § 8366. Payment of service pension.
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§ 8366. Payment of service pension. Service pension payments shall be made to a retired member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member dies.62 Del. Laws, c. 361, § 1; 70 Del…
11 Del. C. § 8367. Payment of disability pension.
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§ 8367. Payment of disability pension. (a) Disability pension payments shall be made to a member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member ceases to be eligible or dies. (b) […
11 Del. C. § 8368. Amount of ordinary service pension [For application of this section, see 79 Del. Laws, c. 315, § 10].
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§ 8368. Amount of ordinary service pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) The amount of the monthly ordinary service pension payable to a retired member shall be the sum of 2.5% of final average compensation multiplied by years of service u…

11 Del. C. § 8369. Amount of unified service, disability or survivor pension.

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§ 8369. Amount of unified service, disability or survivor pension. The amount of the unified pension payable to an employee, former employee or survivor shall be the sum of: (1) The amount computed according to subchapter III of this chapter, exclusive of service credited under §…

11 Del. C. § 8370. Amount of duty-connected disability pension.

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§ 8370. Amount of duty-connected disability pension. (a) The duty-connected total disability pension shall be 75% of compensation plus 10% of compensation for each dependent during the period of dependency, not to exceed a total of 25% of compensation for all dependents. (b) The …

11 Del. C. § 8371. Amount of ordinary disability pension.

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§ 8371. Amount of ordinary disability pension. The ordinary disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to the following: (1) In the case of total disability, the minimum pensi…

11 Del. C. § 8372. Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10].

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§ 8372. Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) Upon the death of a member in service, a monthly survivor’s pension shall be payable to the primary survivor equal to 1/2 of the member’s compensation. (b) Upon the death of…

11 Del. C. § 8373. Death benefit.

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§ 8373. Death benefit. Upon the death of a member, inactive member, retired member or individual receiving a survivor’s pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactiv…

11 Del. C. § 8374. Withdrawal benefit.

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§ 8374. Withdrawal benefit. (a) The accumulated contributions with interest of a member who is neither eligible for a service nor disability pension, nor has a vested right to a service pension, shall be refunded upon withdrawal from service. There shall be a rebuttable presumpti…

11 Del. C. § 8375. Adjustment of benefits.

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§ 8375. Adjustment of benefits. (a) A pension payable under this subchapter shall be adjusted no less liberally than adjustments made for pensions payable under the State Employees’ Pension Plan, taking into account adjustments to Social Security benefits payable to state employe…

11 Del. C. § 8376. Application for benefits.

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§ 8376. Application for benefits. (a) A service pension, disability pension, survivor’s pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlie…

11 Del. C. § 8377. Dual membership prohibited.

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§ 8377. Dual membership prohibited. No member covered by this subchapter may be covered by subchapter II of this chapter.62 Del. Laws, c. 361, § 1;

11 Del. C. § 8391. Member contributions.

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§ 8391. Member contributions. Effective January 1, 2001, member contributions to the Fund shall be 7% of monthly compensation. Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration …

11 Del. C. § 8392. Actuarial valuations and appropriations.

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§ 8392. Actuarial valuations and appropriations. (a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the funds as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determin…

11 Del. C. § 8393. Establishment of Fund.

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§ 8393. Establishment of Fund. There shall be established a State Police Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the Fund established under subchapter II of this chapter, to which state appropriations and other employer contributions sha…

11 Del. C. § 8394. Employer pickup of member contributions.

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§ 8394. Employer pickup of member contributions. (a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414(h)(2)], shall pick up and pay the contributions which would otherwise be payable by the members …

11 Del. C. § 8395. Burial benefits.

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§ 8395. Burial benefits. (a) Upon the death of an individual receiving a pension under this subchapter, a benefit will be paid from the Fund in the same manner as benefits provided under § 5546 of Title 29. (b) The benefit granted under this section shall not be construed as a co…

11 Del. C. § 8396. Payment of benefits.

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§ 8396. Payment of benefits. Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the New State Police Retirement Fund shall be liable for any amount in excess of such sums.71 Del. Laws, c. 132, § 86;

11 Del. C. § 8397. Other post-employment benefits appropriations.

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§ 8397. Other post-employment benefits appropriations. Funds appropriated to implement this section shall be deposited into the OPEB Fund as established by § 5281 of Title 29.76 Del. Laws, c. 70, § 9;

11 Del. C. § 8401. Definitions.

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§ 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 o…

11 Del. C. § 8401A. Definitions.

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§ 8401A. Definitions. For the purposes of this chapter all terms mean as defined as in § 8401 of this title. 83 Del. Laws, c. 83, § 3;

11 Del. C. § 8401B. Definitions.

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§ 8401B. Definitions. As used in this chapter: (1) “Child-serving entity” means as defined in § 309 of Title 31. (2) a. “Civil immigration warrant” means any document that is not approved or ordered by a judge that can form the basis for an individual’s arrest or detention for a …

11 Del. C. § 8402. Members of Commission.

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§ 8402. Members of Commission. (a) The Commission shall be composed of 17 members. (b) The Commission shall be composed of the following members: (1) A chairperson to be appointed by and to serve at the pleasure of the Governor. The chairperson must have substantial practical exp…

11 Del. C. § 8402A. Body-worn camera requirements.

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§ 8402A. Body-worn camera requirements. (a) In accordance with the regulations established in §§ 8404 and 4321of this title and § 9003 of Title 29, a police officer, a probation and parole officer of the Department of Correction assigned to a law-enforcement task force, and a juv…

11 Del. C. § 8402B. Law-enforcement agency agreements; prohibitions.

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§ 8402B. Law-enforcement agency agreements; prohibitions. (a) A law-enforcement agency may not enter into, modify, renew, or extend an agreement for either of the following: (1) To exercise federal civil immigration authority under § 287(g) of the Immigration and Nationality Act …

11 Del. C. § 8403. Organization of Commission.

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§ 8403. Organization of Commission. (a) A vice-chairperson and a Secretary shall be elected from among the members of the Commission. The Commission shall hold no less than 4 regular meetings each year and may meet at such other times as it may determine. The chairperson shall fi…

11 Del. C. § 8403B. Limitations on arrest and detention.

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§ 8403B. Limitations on arrest and detention. (a) Except as set forth under subsection (b) of this section, a law-enforcement agency or law-enforcement officer may not detain or continue to detain an individual solely on the basis of an immigration detainer or civil immigration w…

11 Del. C. § 8404. Powers and duties [Effective until Feb. 20, 2027].

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§ 8404. Powers and duties [Effective until Feb. 20, 2027]. (a) The Commission shall do all of the following: (1) Establish minimum qualifications for applicants as police officers. (2) Establish minimum educational and training qualifications requisite to permanent appointment as…

11 Del. C. § 8404A. Hearings.

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§ 8404A. Hearings. In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein: (1) The chairperson sha…

11 Del. C. § 8404B. Limitations on immigration enforcement and cooperation.

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§ 8404B. Limitations on immigration enforcement and cooperation. (a) A law-enforcement agency or law-enforcement officer may not stop, arrest, search, detain, or continue to detain a person solely based on actual or suspected citizenship or actual or suspected immigration status.…

11 Del. C. § 8405. Mandatory training; exceptions.

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§ 8405. Mandatory training; exceptions. (a) Except as provided in subsection (e) of this section, every municipality or other governmental unit of this State employing or intending to employ police officers shall require their attendance at an approved school. Every such municipa…

11 Del. C. § 8405B. Interpretation of immigration enforcement limitations.

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§ 8405B. Interpretation of immigration enforcement limitations. Nothing in this chapter shall be construed to restrict, prohibit, or prevent any law-enforcement agency or law-enforcement officer from engaging in the following: (1) Enforcing the criminal laws of this State. (2) Co…

11 Del. C. § 8406B. Reporting.

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§ 8406B. Reporting. (a) Beginning January 1, 2027, a law-enforcement agency must annually submit to the Attorney General a report that includes all of the following: (1) The number of requests for assistance or cooperation with respect to immigration enforcement with which the la…

11 Del. C. § 8407. Compensation.

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§ 8407. Compensation. During any training program, the compensation or wages of any trainee police officer shall be the responsibility of the employing authority. The responsibility for providing all other costs, including but not limited to tuition, living expenses, books and eq…

11 Del. C. § 8407B. Enforcement.

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§ 8407B. Enforcement. (a) The Attorney General has authority to conduct investigations into violations of this chapter. The Attorney General may do any of the following: (1) Require a law-enforcement agency, law-enforcement officer, or any other person or entity to file a stateme…

11 Del. C. § 8408. Appropriations.

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§ 8408. Appropriations. The General Assembly shall appropriate each year to the Commission through the Department of Safety and Homeland Security such funds as are necessary for the purpose of carrying out this chapter.11 Del. C. 1953, § 8410; 57 Del. Laws, c. 261; 57 Del. Laws, …

11 Del. C. § 8408B. Federal agency cooperation; restrictions.

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§ 8408B. Federal agency cooperation; restrictions. (a) A law-enforcement officer may not directly participate with a federal agency in civil immigration enforcement activities at a child-serving entity, an institution of higher education, a place of worship, or a health-care faci…

11 Del. C. § 8409. Reimbursement [For application of this section, see 84 Del. Laws, c. 52, § 2].

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§ 8409. Reimbursement [For application of this section, see 84 Del. Laws, c. 52, § 2]. (a) Every municipality or other governmental unit of this State or the University of Delaware or Delaware State University intending to employ on a permanent basis police officers who have sati…

11 Del. C. § 8410. Uncertified police officers.

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§ 8410. Uncertified police officers. (a) Police officers of the State or any county or municipality or the University of Delaware or Delaware State University who do not meet the requirements of this chapter and the criteria as established by the Commission have no authority to e…

11 Del. C. § 8411. Transition and continuity.

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§ 8411. Transition and continuity. As of August 7, 2023 all powers and duties formerly vested in the Council on Police Training, shall instead be invested in the Police Officer Standards and Training Commission.84 Del. Laws, c. 149, § 1;

11 Del. C. § 8501. Purpose of subchapter.

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§ 8501. Purpose of subchapter. (a) The purpose of this subchapter is to create and maintain an accurate and efficient criminal justice information system in Delaware consistent with this chapter and applicable federal law and regulations, the need of criminal justice agencies and…

11 Del. C. § 8502. Definitions.

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§ 8502. Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Administration of criminal justice” shall mean performance of …

11 Del. C. § 8503. Function; administration; appointment of Director.

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§ 8503. Function; administration; appointment of Director. (a) The State Bureau of Identification, hereinafter referred to as the “Bureau,” is continued within the Division of State Police. The Bureau shall be the central state repository for criminal history record information (…

11 Del. C. § 8504. Personnel.

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§ 8504. Personnel. The Bureau personnel shall consist of regular appointed members of the State Police, and such other personnel as may be deemed necessary to carry out this chapter. The personnel so appointed shall each be experienced in the work to be performed by them.42 Del. …

11 Del. C. § 8505. Duty to provide security of criminal history record information and security investigations.

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§ 8505. Duty to provide security of criminal history record information and security investigations. (a) The Director shall provide security of criminal history record information contained in the facilities of the Bureau. (b) The Director shall establish procedures to assure tha…

11 Del. C. § 8506. Duty to maintain complete and accurate records; performance of annual audit.

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§ 8506. Duty to maintain complete and accurate records; performance of annual audit. (a) The Bureau shall maintain in a complete and accurate manner information received pursuant to this subchapter to the maximum extent feasible. (b) Any and all criminal history records and other…

11 Del. C. § 8507. Information to be supplied by law-enforcement officers.

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§ 8507. Information to be supplied by law-enforcement officers. (a) Every law-enforcement officer of the State and of any political subdivision thereof shall transmit to the Bureau: (1) Within 48 hours after the arrest of any individual, the names, fingerprints if taken and such …

11 Del. C. § 8508. Information to be supplied by court officials.

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§ 8508. Information to be supplied by court officials. Every court of this State or of any political subdivision thereof having original or appellate jurisdiction over indictable offenses, or over such nonindictable offenses as are herein mentioned, shall transmit to the Bureau i…

11 Del. C. § 8509. Information to be supplied by heads of institutions.

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§ 8509. Information to be supplied by heads of institutions. Every person in responsible charge of an institution to which there are committed individuals convicted of crime, or persons declared to be not guilty by reason of mental illness, or declared incompetent to stand trial …