Delaware General Assembly


CHAPTER 389

FORMERLY

HOUSE BILL NO. 535

AN ACT TO AMEND TITLE I I OF THE DELAWARE CODE RELATING TO COUNTY AND MUNICIPAL POLICE ELIGIBILITY FOR DISABILITY PENSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Amend § 8815, Title II of the Delaware Code, by adding thereto a new subsection to read:

"(d) For the purposes of this Section, whether a member is employed as an on-duty police officer, or on an authorized special duty function, the following duties shall be presumed to occur only while employed as a police officer, without limiting the scope of acts embraced by subsection (a) of this Section: (1) Engaging in a high-speed chase; (2) Effecting an arrest (criminal or traffic); (3) Pursuing a suspect (criminal or traffic); (4) Patrolling (criminal or traffic); (5) Directing traffic or removing traffic hazards; (6) Assisting a civilian, for example, a motorist alongside of the highway or rendering aid in a life-threatening situation (fire, drowning); (7) In-service training other than physical fitness; (8) Performing police functions at a crime scene or in connection with the investigation thereof; or (9) Being assaulted whether by a suspect, detainee, arrestee, prisoner, or mental patient."

Approved June 24, 1996