CHAPTER 176

FORMERLY

SENATE BILL NO. 129

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES.

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

Section 1. Amend §1302, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 1302. Definitions.

As used in this chapter, unless the context requires a different definition:

(8) “Event security staff” means any individual employed by a security services contractor to primarily perform crowd management, patron screening and event security at sports or entertainment venues with a minimum spectator capacity of 5,000 people.

(9) "Guard company" or "agency" means any person engaging in the business of or undertaking to provide a private watchperson, guard or street patrol service on a contractual basis for another person and performing any one or more of the following or similar functions:

a. Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property;

b. Prevention, observation or detection of any unauthorized activity on private property;

c. Control, regulation or direction of the flow or movements of the public, whether by vehicle or otherwise, only to extent and for the time directly and specifically required to assure the protection of property; or

d. Protection of individual from bodily harm.

“Guard company” or “agency” shall also include any person that employs and supervises event security staff.

Section 2. Amend §1329, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1329. License requirements and submission of fingerprints.

(a) No person shall engage in the business of a private investigator, investigations company, security service contractor, security guard, guard company, armored car company, courier company or armored car guard without first obtaining a license from the Professional Licensing Section, Division of State Police.

(b) No person will be issued a license unless that person submits, to the State Bureau of Identification, their name, Social Security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and the provision of such other information as may be necessary to obtain a report of the person's entire criminal history record from the State Bureau of Identification and a report of the person's entire federal criminal history pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544.

(c) Event security staff working less than twenty-eight (28) days each calendar year shall not require a license.

Approved September 03, 2015