CHAPTER 433

FORMERLY

HOUSE BILL NO. 628

AN ACT TO AMEND CHAPTER 27, TITLE 10 OF THE DELAWARE CODE REGARDING CONSTABLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 27, Title 10 of the Delaware Code by striking the said Chapter 27 in its entirety and substituting in lieu thereof a new Chapter 27 to read as follows:

"CHAPTER 27. CONSTABLES

§2701. Appointment

(a) The Governor shall appoint such numbers of constables as he deems necessary from among those applicants approved and recommended by the Board of Examiners In order to preserve the peace and good order of the State.

(b) Upon the expiration of a Constable's term of office, he may request to the Board of Examiners that his commission as a Constable be renewed. Such request for renewal shall be reviewed by the Board of Examiners, and if the Board approves the request, the Board of Examiners shall transmit its approval of the Constable's renewal request to the Governor for his decision.

§2702. Board of Examiners: Composition; ReszonsibIlity

(a) The Board of Examiners shall consist of five individuals: the Superintendent of the Delaware State Police or his designee; the Director of Public Safety of the New Castle County Police or his designee: the Attorney General or his designee: a representative from the Chiefs of Police Council; and a representative from the American Society of Industrial Security.

(b) The Board of Examiners shall be responsible for reviewing applications for Constables, and shall satisfy itself that the applicants meet all the established requirements. The Board of Examiners shall be responsible for establishing such other general qualifications of applicants as the Board deems necessary. The Board of Examiners may conduct such further inquiry and investigation as it deems proper in order to satisfy itself of the good character, competency and Integrity of the applicants.

(c) The Board of Examiners shall conduct an examination of an applicant's criminal history. conviction for a felony in Delaware or elsewhere is an automatic grounds for disapproval of an application. The Board of Examiners shall review any misdemeanor convictions, and the Board may. in its discretion, disapprove of an application on the basis of such misdemeanor convictions.

(d) The Board of Examiners may establish a reasonable application fee.

(c) After the review process is completed, the Board of Examiners shall deliver a report to the Governor of those applicants approved and recommended for appointment.

§2703. Qualification and Training

(a) A constable must be 21 years of age or older.

(b) To be approved by the Board of Examiners. a Constable applicant shall meet the minimum standards established by the Council on Pollee Training for parttime police officers and shall participate in such other training as the Board requires.

(c) The Board of Examiners may require commissioned Constables to receive such additional training or education as it deems necessary.

(d) Constables appointed before the effective date of this law shall, during the remainder of their term, meet all requirements related to firearms training, as set forth in Section 2703(c) of this chapter. and all requirements related to additional training as set forth in Section 2703(c) of this chapter. In ordcr for such a Constable to be eligible for renewal of his commission, he must meet the requirements set forth in Section 2703(b) of this chapter.

(c) After appointment by the Governor. the Board of Examiners shall determine, based on the Constable's duties and employment, whether a Constable shall be permittcd to carry firearms while on duty as a Constable. The Board of Examiners shall establish standards and requirements of firearms training and training in the use of deadly force for those Constables permittcd by the Board to carry firearms while on duty. Any Constable not so trained is prohibited from carrying a firearm while on duty.

§2704. Term of Office; Discharge

(a) The term of office for Constables shall be one year. Those Constables appointed prior to the effective date of this law shall have their commissions reviewed by the Board of Examiners within one year of the effective date of this law, and after review may be discharged prior to the explraton of this term upon the recommendation of the Board and the approval of the Governor. A Constable, including those appointed before the effective date of this law, may be discharged prior to the expiration of his term upon the recommendation of the Board of Examiners and the approval of the Governor. The Board of Examiners shall establish procedures for notification to the appropriate persons and authorities of a Constable's discharge by the Governor.

(b) it shall be the duty of the Constable to notify the Board of Examiners immediately if the Constable's employment with the individual, firm, corporation, civic association or governmental entity at whose instance he was appointed is terminated. It shall also be the duty of the individual, firm, corporation, civic association or governmental entity to notify the Board of Examiners immediately if a Constable in their employ is terminated, and such individual performed duties as a Constable during and as part of his employment.

§2705. Powers and Duties

The Constable shall:

(a) Protect life and property, and preserve peace and good order, while In the performance of the lawful duties of his employment;

(b) Exercise the same powers as peace officers and law enforcement officers, in order to protect life and property, while in the performance of the lawful duties of his employment;

(c) Execute all lawful orders, warrants, and other process directed to him by any court, or judge of this State, however, a Constable shall only have such power and duty if the Board of Examiners, upon review, determine that the Constable may exercise such duty or power;

*2706. Jurisdiction

Except as otherwise provided by law or limited by the Board of Examiners, the jurisdiction of each Constable appointed pursuant to the provisions of this chapter will extend throughout the State.

§2707. Oath

Upon appointment, the Governor shall issue to each Constable a commission and the Constable so appointed shall, before acting or performing duties as a Constable, take and subscribe before any officer authorized by the laws of this State to administer oaths, the oaths or affirmation prescribed by Article XIV of the Constitution.

§2708. Compensation

The compensation of every Constable shall be wholly paid by the individual, firm, corporation, or civic association at whose instance he was appointed, unless the Constable is employed by a governmental entity, in which ease that governmental entity will be responsible for the Constable's compensation.

§2709. Badges

(a) Every person holding the office of Constable shall have and display on proper demand a badge, approved by the Board of Examiners, with the word "Constable" engraved thereon. A Constable shall have and display such badge only while on duty and while in the performance of his lawful duties of employment. The name of the person, firm, corporation, civic association or governmental entity at whose instance the Constable was appointed shalt be plainly inscribed on such badge.

(b) Whoever violates this section shall be fined not more than $100.00. The Justices of the peace of the respective counties shall have jurisdiction of offenses under this section. A Constable found violating this section shall notify the Board of Examiners in writing within 10 days. The Board of Examiners shall review the violation and determine whether the Constable should be discharged. A failure to notify the Board of Examiners of a violation within 20 days shall be sufficient ground to revoke Constable status,

§2710. Exclusion from Coverage

Constables appointed pursuant to this chapter or any other chapter of this Code arc not covered by the provisions of ii Ds). C. Chapter 92, Law Enforcement Officers' Bill of Rights.

Section 2. The provisions of this bill shall become effective six months after the enactment into law.

Approved July 3, 1986.