Delaware General Assembly

Out of Committee 6/14/23

Reported from Committee; to list ready for consideration (Ready List)

6/12/23

Paradee

Sen. Pinkney
Rep. Bush

Reps. Bolden, Morrison, Schwartzkopf

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ARREST WITHOUT WARRANT FOR CERTAIN MOTOR VEHICLE VIOLATIONS.

The General Assembly previously restricted municipal, town, and city police departments from operating speed enforcement equipment outside of its corporate limits. This Act completely restricts the ability of municipal, town, and city police departments to make arrests for speeding that occurs outside of the municipality, town, or city’s corporate limits. This Act also defines “corporate limits” for the purposes of 21 Del. C. § 701. This Act requires a greater-than-majority vote for passage because Article IX, § 1 of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to enact or amend general incorporation laws and special acts of incorporation, including municipal charters. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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Takes effect upon being signed into law

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