CHAPTER 376

FORMERLY

HOUSE BILL NO. 713

AS AMENDED BY HOUSE AMENDMENT NO. I

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

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

Section 1. Amend §1303, Chapter 13, Title 24 of the Delaware Code, by striking §1303 in its entirety and by substituting in lieu thereof the following:

"§1303. Composition of the Board of Examiners; Appointment;_Quallfications; Term of Office; Compensation; Inquiry and Investigation of Applicants

(a) The Board of Examiners of Private Detectives shall consist of seven members. The Superintendent shall be a member and shall appoint four additional members, three of whom have had at least five years of experience in investigative duties, and one member of the Delaware Bar. The Governor shall appoint two additional members, one of whom shall be licensed in this State under the requirements of this Chapter; and one of whom shall be designated as the Public Member; such public member shall not be nor ever have been engaged in a private detective business; shall not have been employed by a company engaged in the private detective business; shall not be a member of the immediate family of a private detective; shall not have been engaged in an activity directly related to the private detective business; nor have had a financial interest in the providing of goods and services to persons engaged in the private detective business.

(b) Each member of the Board shall serve for a term of three years and members may succeed themselves; provided, however, that the Superintendent shall be a permanent member of the Board. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member.

(c) Each member of the Board who is not serving on the Board in their capacity u an employee of the Delaware State Police or the Department of Public Safety shall be reimbursed $50 for each meeting attended provided, however, that no Board member shall receive more than $500 in any given calendar year.

(d) The Superintendent, when satisfied from the examination of any application for licensure and such further investigation and inquiry as he deems proper u to the competency and integrity of the applicant, shall issue and deliver his report to the Board of Examiners for its approval or disapproval.

(e) 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 cause the rejection of an applicant u provided by 551312(b) and 1313(a)(4) of this Chapter."

Section 2. Amend 51304, Chapter 13, Title 24 of the Delaware Code, by designating the body of the current §1304 to be subsection (b) and by changing the title and by adding a new subsection (a) to §1304 to read as follows:

"§1304. Qualifications for Licensure; Issuance of License; Fee; Bond; Disposition of Fees (a) An applicant who is applying for licensure shall have the following qualifications:

(1) Be at least 25 years of age;

(2) Have at least five years of experience u an investigator, or u a police officer with an organized police force, or with an investigative agency in the United States;

(3) Be required to submit references to the Superintendent attesting to the good character and integrity of the applicant.

(4) Be required to submit their fingerprints to the Board on appropriate forms furnished by the Board for a criminal record examination prior to consideration of the application.

(5) Not be a member or employee of any police agency, bureau, or organization, or any other legally authorized enforcement agency provided, however, that an officer on terminal leave may be eligible for licensure under conditions specified in the rules and regulations promulgated by the Board."

Section 3. Amend §1307, Chapter 13, Title 24 of the Delaware Code, by striking §1307 in its entirety and by substituting in lieu thereof the following:

"§1307. Renewal of License. Revocability

(a) Effective January 1, 1987, all licenses will be renewable on a biennial basis on June 30 of odd-numbered years. All licensees scheduled for license renewal in 1987 shall pay the complete license renewal fee by June 30, 1987. All licensees scheduled for license renewal in 1988 shall pay one-half of the biennial license renewal fee by June 30, 1987 and will not be subject to license renewal until June 30, 1989.

(b) In cue of revocation or surrender of any license, no refund shall be made of any license fee paid under this Chapter."

Section 4. Amend §1314 (a), Chapter 13, Title 24 of the Delaware Code, by striking the first sentence of said subsection in its entirety, and by substituting in lieu thereof the following:

"(a) For the purpose of identification of persons engaged in the conduct of a private detective business as private detective or private investigator, each such person shall carry and show when requested an identification card, which shall be issued by the Superintendent at the time of initial issuance of license."

Approved June 30, 1986.