CHAPTER 340

FORMERLY

HOUSE BILL NO. 397

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE LAW ENFORCEMENT OFFICERS’ BILL OF RIGHTS.

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

Section 1. Amend § 9200(c)(3), Title 11 of the Delaware Code by making insertions as shown by underline as follows:

(3) The law-enforcement officer under investigation shall be informed of the name, rank and command of the officer in charge of the investigation. All questions directed to the officer shall be asked by and through no more than 2 investigators. No formal complaint against a law-enforcement officer seeking dismissal or suspension or other formal disciplinary action shall be prosecuted under departmental rule or regulation unless the complaint is supported by substantial evidence derived from an investigation by an authorized member of the department or another officer who is certified by the Council on Police Training pursuant to Chapter 84 of this Title and has experience and/or training on conducting an internal law enforcement investigation and is appointed by the Chief of Police of the law-enforcement department to conduct the investigation of the officer in question.

Approved July 21, 2014