CHAPTER 15

AN ACT TO AMEND SECTIONS 2703 AND 2704, TITLE 10, DELAWARE CODE, PERMITTING THE APPOINTMENT OF SPECIAL CONSTABLES FOR KENT COUNTY AND SUSSEX COUNTY AND DEFINING THEIR TERM, POWERS AND DUTIES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 2703, Title 10, Delaware Code, is amended by adding the following new subparagraph:

(c) The Levy Court of Kent County may appoint from the qualified voters resident in Kent County not more than twenty suitable persons to be special constables to serve at the pleasure of the Levy Court. The special constables shall reside in Kent County.

(1) Each special constable so appointed shall be issued a certificate of appointment under the hand of the president of the Levy Court and shall be issued a badge as his insignia of authority.

(2) The appointee shall hold office until he resigns or his appointment is revoked by the Levy Court, at which time he shall surrender and deliver to the Levy Court the certificate, badge and other Levy Court property in his possession.

(3) Before entering upon the duties each special constable shall take and subscribe the oath or affirmation as prescribed by the Constitution of the United States for public offices, and the oath subscribed by the special constable shall be kept in the files of the Levy Court of Kent County.

(4) Special constables shall have the same powers as constables appointed under this chapter and in addition may be employed by any person, partnership or corporation to keep the peace in any area of Kent County. When a special deputy is so employed, he may receive remuneration from the person, partnership or corporation by whom he is employed if such remuneration is approved by the Levy Court of Kent County.

Section 2. Section 2704, Title 10, Delaware Code, is amended by adding the following new subparagraph:

(h) The Levy Court of Sussex County may appoint from the qualified voters resident in Sussex County not more than twenty suitable persons to be special constables to serve at the pleasure of the Levy Court. The special constables shall reside in Sussex County.

(5) Each special constable so appointed shall be issued a certificate of appointment under the hand of the president of the Levy Court and shall be issued a badge as his insignia of authority.

(6) The appointee shall hold office until he resigns or his appointment is revoked by the Levy Court at which time he shall surrender and deliver, to the Levy Court, the certificate, badge and other Levy Court property in his possession.

(7) Before entering upon the duties each special constable shall take and subscribe the oath or affirmation as prescribed by the Constitution of the United States for public offices, and the oath subscribed by the special constable shall be kept in the files of the Levy Court of Sussex County.

(8) Special constables shall have the same powers as constables appointed under this chapter and in addition may be employed by any person, partnership or corporation to keep the peace in any area of Sussex County. When a special deputy is so employed he may receive remuneration from the person, partnership or corporation by whom he is employed if such remuneration is approved by the Levy Court of Sussex County.

Approved April 11, 1963.