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Delaware Laws | Title 29 State Government
CHAPTER 25. STATE DEPARTMENT OF JUSTICE
Subchapter I. General Powers

(29 Del. C. 1953, Sec. 2515; 56 Del. Laws, c. 326, Sec. 1; 60 Del. Laws, c. 476, Sec. 1; 69 Del. Laws, c. 67, Sec. 2; 69 Del. Laws, c. 179, Sec. 1; 69 Del. Laws, c. 467, Sec. 29.) (9488)

Sec. 2516. Authorization for local and out-of-state police officers. (9489)(Text)

(a) The Attorney General may authorize such members of any county or municipal police departments as the Attorney General deems necessary to have full statewide police, arrest and enforcement powers equivalent to those powers held by members of the Delaware State Police. The Attorney General shall give such authorization by oath for such period of time as the Attorney General specifies. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary. (9490)

(b) Such local police officers who have received such authorization shall remain for all other purposes as members of their respective police departments. (9491)

(c) The Attorney General may authorize such members of police forces of jurisdictions outside the State as the Attorney General deems necessary to have full statewide police, arrest and enforcement powers equivalent to those powers held by members of the Delaware State Police. Such authorization shall be given under the procedures and conditions prescribed in subsections (a) and (b) of this section. (9492)

(d) The Attorney General may, as the Attorney General deems necessary, authorize railroad police officers employed by (i) either a railroad company classified as a Class 1 rail carrier pursuant to 49 U.S.C. Sec. 10102 and the Interstate Commerce Commission or (ii) Amtrak to have police, arrest and enforcement powers for the purpose of investigating or preventing crimes which have occurred, are occurring or may occur on property that is owned, leased, operated or controlled by the railroad, or which involve the railroad's employees, passengers or patrons while such persons are on such property, or which involve property that is consigned or entrusted to the railroad for transportation purposes. The Attorney General shall give such authorization by oath for such period of time and pursuant to such conditions as the Attorney General deems necessary. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary. Notwithstanding any provision of this section to the contrary, no person shall be authorized pursuant to this subsection unless such person is first certified as appropriately qualified by the Council on Police Training and until memoranda of understanding are reached between the railroad and all appropriate law enforcement agencies. Nothing in this section shall limit the authority of a railroad police office employed by a rail carrier owning property in this State, and certified or commissioned under the laws of another state, to enforce the law and exercise the authority conveyed under 49 U.S.C. Sec. 28101 or 49 C.F.R. 207. (9493)

(29 Del. C. 1953, Sec. 2516; 59 Del. Laws, c. 177, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 74 Del. Laws, c. 366, Sec. 1.) (9494)

The purpose of this chapter is to accomplish efficiency by centralizing in 1 department the state's facilities for the rendering of legal services to the Governor, General Assembly, officers, departments, boards, agencies, commissions and instrumentalities of the state government and to provide for the enforcement of the criminal law of this State. (9495)

(29 Del. C. 1953, Sec. 2501; 56 Del. Laws, c. 326, Sec. 1.) (9496)

There is created a State Department of Justice under the supervision, direction and control of the Attorney General. (9497)

(29 Del. C. 1953, Sec. 2502; 56 Del. Laws, c. 326, Sec. 1.) (9498)

Whenever "Attorney General" is referred to or designated in the Constitution, any statute, rules of any court, contract, document or usage, such reference or designation shall include any person duly appointed by the Attorney General pursuant to Sec. 2505 of this title, except where the term Attorney General is immediately followed by "himself or herself" or "in person" or where the context otherwise indicates. (9499)

(29 Del. C. 1953, Sec. 2503; 56 Del. Laws, c. 326, Sec. 1; 59 Del. Laws, c. 289, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (9500)

The State Department of Justice and the Attorney General shall have the following powers, duties and authority: (9501)

(1) To continue to exercise the powers and perform the duties by the Constitution, statutes and common law vested in and imposed upon the Attorney General prior to January 1, 1969; (9502)

(2) Notwithstanding any other laws, to provide legal advice, counsel and services for administrative offices, agencies, departments, boards, commissions and officers of the state government concerning any matter arising in connection with the exercising of their official powers or duties and to publish or cause to be published such opinions in book form every 2 years. The courts, counties and incorporated municipalities are excepted from this chapter; (9503)

(3) Notwithstanding any other laws, to represent as counsel in all proceedings or actions which may be brought on behalf of or against them in their official capacity in any court, except in actions in which the State has a conflicting interest, all officers, agencies, departments, boards, commissions and instrumentalities of state government; (9504)

(4) To investigate matters involving the public peace, safety and justice and to subpoena witnesses and evidence in connection therewith; provided, however, that nothing in this subdivision shall restrict the general powers of the General Assembly to investigate matters involving the public peace, safety and justice and to subpoena witnesses and evidence in connection therewith; (9505)

(5) To direct the activities of state detectives; (9506)

(6) To have charge of all criminal proceedings as prior to January 1, 1969; (9507)

(7) To recommend revisions in the Constitution and statutes of this State with particular reference to law enforcement; (9508)

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