CHAPTER 47

FORMERLY

HOUSE BILL NO. 46

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 13, OF TITLE 24, DELAWARE CODE, RELATING TO PRIVATE DETECTIVES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §1303 of Chapter 13, Title 24, Delaware Code, by adding thereto a new subsection (d) to read as follows:

"(d) The Board of Examiners shall have the power and discretion to consider the remoteness in time to any crime or conduct and the attendant circumstances surrounding said crime or conduct that would ordinarily reject any applicant as provided by §1312(b) and §1313(a) (4) of this Chapter."

Section 2. Amend §1304(2) of Chapter 13, Title 24, Delaware Code, by striking the figures "$3,000" and "$5,000" as the same appears in the first sentence of said subsection (2) and inserting in lieu thereof the figures "$5,000" and "$10,000".

Section 3. Amend §1305(4) of Chapter 13, Title 24, Delaware Code, by striking subsection (4) in its entirety.

Section 4. Amend §1312(b) of Chapter 13, Title 24, Delaware Code, by striking subsection (b) in its entirety and inserting a new subsection (b) to read as follows:

"(b) Unless otherwise approved by the Board, no holder of any unexpired license issued pursuant to this Chapter shall knowingly employ in connection with his business in any capacity whatsoever, any person who has been convicted in any jurisdiction of a felony or misdemeanor involving an assault or battery or use of violence upon another, or any of the following felonies or misdemeanors, and who has not subsequent to such conviction received executive pardon therefore removing any civil disabilities incurred thereby, to-wit:

(1) Illegally using, carrying or possessing a deadly weapon or dangerous instrument;

(2) Crimes involving theft, fraud, deceit or misrepresentation;

(3) Crimes involving burglary or possession of burglar's tools;

(4) Crimes involving escape and other offenses relating to custody;

(5) Unlawfully possess, sell, dispense or deliver any controlled susbstance or drug as set forth in 16 Delaware Code, Chapter 47, The Uniform Controlled Substance Act;

(6) Any crime involving moral turpitude;

(7) Any crime of conspiracy, solicitation or attempt of any offense enumerated in this section; and

(8) Any crime that reflects unfavorably upon the 'private detective business'."

Section 5. Amend §1312(e) of Chapter 13, Title 24, Delaware Code, by striking subsection (e) in its entirety and inserting a new subsection (e) to read as follows:

"(e) Whoever violates this section shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned not more than one (1) year, or both."

Section 8. Amend §1313(a) (4) of Chapter 13, Title 24, Delaware Code, by striking subsection (a) (4) in its entirety and inserting a new subsection (a) (4) to read as follows:

"(4) That he has not been convicted of any felony or misdemeanor described in §1312(b) of this Chapter, or in the event he has been convicted of any felony or misdemeanor described in §1312(b) of this Chapter, that he set forth specific circumstances for the Board to consider, consistent with §1303(d) of this Chapter."

Section 7. Amend §1313(b) of Chapter 13, Title 24, Delaware Code, by striking the figure "3" and inserting in lieu thereof the figure "1".

Section 8. Amend §1313(c) of Chapter 13, Title 24, Delaware Code by striking subsection (c) in its entirety and inserting a new subsection (c) to read as follows:

"(c) The holder of a license shall require an employee to file an employee statement and one (1) set of fingerprints with the Superintendent within seventy-two (72) hours of such employment, official holidays excluded. The employee shall report to a State Police office and have such prints taken for examination by the Superintendent."

Section 9. Amend §1313 of Chapter 13, Title 24, Delaware Code by adding thereto a new subsection (d) to read as follows:

"(d) Whoever violates this section shall be fined not more than $500 or imprisoned not more than one (1) year or both."

Section 10. Amend §1314 of Chapter 13, Title 24, Delaware Code by adding thereto a new subsection

(d) to read as follows:

"(d) Any person to whom an identification card has been issued in accordance with this Chapter, shall surrender the identification card to the Board:

(1) upon termination of employment; or

(2) upon suspension or revocation by the Board."

Section 11. Amend §1314 of Chapter 13, Title 24, Delaware Code by adding thereto a new subsection

(e) to read as follows:

"(e) Whoever violates this section shall be fined not more than $51"

Section 12. Amend §1316 of Chapter 13, Title 24 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new §1316 to read as follows:

"§1316. Regulation of advertising.

(a) the Superintendent shall promulgate such rules and regulations, upon notice to the public in general, as he deems necessary to avoid advertising techniques, cards or other forms of publicaton which will mislead the public as to any matter that relates to a private detective business. The Superintendent shall further have the authority to order any private detective business to comply with these rules and regulations.

(b) Failure to comply with any order of the Superintendent pursuant to subsection (a) of this section shall be cause for revocation of the license of the licensee."

Section 13. Amend Chapter 13, Title 24, Delaware Code, by adding thereto a new §1322 to read as follows:

"§1322. Any licensee under this Chapter shall maintain an office within the State of Delaware If such licensee shall be actively engaged in this State conducting a private detective business as defined in §1301 of this Title.

The office of any licensed private detective business shall be supervised by an individual licensee who shall be a resident of the State of Delaware.

Each licensee licensed under this section shall maintain a Delaware area code telephone listing through which an officer or employee of the licensee may be reached at any period in which the license is in effect."

Section 14. Amend Section 1319, Chapter 13, Title 24, by adding thereto a new sentence as follows:

"Justices of the Peace Courts shall have Jurisdiction over violations under Chapter 13 of this Title."

Section 15. The provisions of this Act shall be effective upon its enactment into law, except that Section 13 of this Act shall be effective 90 days after the enactment of this Act into law.

Section 16. Amend §1304, Chapter 13, Title 24 of the Delaware Code, by striking the words "Department of Finance" as they appear in subsection (1) and Inserting in lieu thereof the words "Department of Public Safety".

Section 17. Amend §1304, Chapter 13, Title 24 of the Delaware Code, by striking the words "Department of Finance" as they appear in subsection (2) and Inserting in lieu thereof the words "Department of Public Safety".

Approved June 23, 1981.