CHAPTER 351

FORMERLY

SENATE BILL NO. 412

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 27, TITLE 10 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT AND COMMISSIONING OF CONSTABLES.

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

Section 1. Amend §2701, Title 10, Delaware Code by deleting said section in its entirety and substituting in lieu thereof the following:

"§2701. Appointment.

(a) The Board of Examiners of Constables shall appoint and commission such numbers of constables as it deems necessary, from among those persons who have made application, to preserve the peace and good order of the state.

(b) Upon expiration of a constable's term of office, he may request to the Board of Examiners that his commission as a constable be renewed. Approval for renewal shall be within the discretion of the Board of Examiners, and may be approved by it following such review."

Section 2. Amend §2702(e), Title 10 of the Delaware Code by deleting said subsection in its entirety and substituting in lieu thereof the following:

(e) After the review process is completed, the Board of Examiners shall appoint and commission those applicants who have, as determined by the Board of Examiners, satisfied the requirements of this chapter and who are otherwise qualified to serve as constables."

Section 3. Amend §2703(e), Title 10, Delaware Code by deleting the words by the Governor" as they appear in the first sentence of said subsection.

Section 4. Amend §2703, Title 10, Delaware Code by adding a new subsection to read as follows:

"(f) No constable shall be appointed for the benefit of any person, firm, corporation, civic association or governmental entity except upon a showing to the Board of Examiners that the proposed appointment will be in aid and relief of public law enforcement or police agencies and is necessary to protect life and property in circumstances where public law enforcement or police agencies are unable to assist."

Section 5. Amend §2704(a), Title 10, Delaware Code by deleting said subsection in its entirety and substituting in lieu thereof the following:

"(a) The term of office for constables shall be one (1) year. Those constables appointed prior to the effective date of this law shall have their commissions reviewed by the Board of Examiners within one (1) year of the effective date of this law, and after review may be discharged by the Board for cause prior to the expiration of their term. A constable, including one appointed before the effective date of this law, may be discharged by the Board for cause prior to the expiration of his term. The Board of Examiners shall establish procedures for notification to the appropriate persons and authorities of its discharge of a constable. For the purposes of this section, 'cause' shall mean: (1) Conviction of a crime involving moral turpitude; (2) Conviction of a felony; (3) A finding by the Board that an individual used fraud or deceit in obtaining a constable's commission; or (4) Gross negligence or incompetence in performing a constable's duties."

Section 6. Amend §2705, Title 10, Delaware Code by adding a new paragraph thereto which shall read as follows:

"(4) As part of his duty, and in the exercise of his lawful authority, notify the full service police agency which has primary law enforcement jurisdiction in every instance in which he makes a custodial detention, an arrest, a search of a person or place, or when the occurrence of a criminal act is reported to him. It shall be the responsibility of the full service police agency to undertake any necessary investigation and to comply with the reporting demands of the State Bureau of Identification.

For purposes of this paragraph, 'full service police agency' shall mean a police force or other law enforcement agency of the state, county or municipality which is responsible for the prevention and detection of crime and the enforcement of the laws of this state and its governmental units."

Section 7. Amend §2707, Title 10, Delaware Code by deleting the word "Governor" as it appears in said section and substituting in lieu thereof the words "Board of Examiners".

Approved July 13, 1990.