LAWS OF DELAWARE

VOLUME 84

CHAPTER 165

152nd GENERAL ASSEMBLY

FORMERLY

SENATE BILL NO. 117

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL CARE OF POLICE DOGS INJURED IN THE LINE OF DUTY.

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

Section 1. Amend § 9802, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9802. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(14) “Handler” means the police officer who is the handler of a police dog receiving emergency medical services under this chapter.

(19) “Police dog” means a dog that has been trained by a supervising K-9 trainer or K-9 trainer and is handled by a police officer handler in the performance of their duties used for law enforcement purposes or any law enforcement related activities.

Section 2. Amend Chapter 98, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9816. Emergency care of police dogs.

(a) A paramedic or other EMS provider may provide emergency medical services to an injured police dog at the scene of an emergency that has resulted in the police dog’s injury.

(b) A paramedic or other EMS provider may transport the police dog to a designated veterinary facility and provide emergency medical services to the police dog during transport to the facility, if the paramedic or EMS provider deem it necessary for the police dog’s survival. The handler, if available, must be present during the provision of emergency medical services and transport to the veterinary facility.

(c) A paramedic or other EMS provider who in good faith attempts to render or facilitate emergency medical services to an injured police dog is not liable for civil damages which occur as a result of any act or omission by the paramedic or EMS provider in the rendering of the services; unless it is established that the paramedic or EMS provider caused injuries or death willfully, wantonly, or recklessly or by gross negligence.

(d) A paramedic or other EMS provider may not provide emergency medical services to a police dog if their services are needed concurrently to provide services to an individual, and the care of the police dog would hinder the care of the individual.

Approved August 10, 2023