Bill Text: DE HB202 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Private Investigators And Private Security Agencies.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2014-06-24 - Amendment SA 1 - Introduced and Placed With the Bill in Senate [HB202 Detail]
Download: Delaware-2013-HB202-Draft.html
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SPONSOR: |
Rep. Mitchell & Rep. Schwartzkopf & Sen. Ennis |
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Rep. Carson |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 202 |
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AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES. |
Section 1. Amend Section 1314, Title 24 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§1314. Security guard license requirements.
Anyone who wishes to be licensed, under this chapter, as a noncommissioned security guard, must meet and maintain the following requirements:
(1) Must be at least 18 years of age;
(2) Must not have been convicted of any felony;
(3) Must not have been convicted of any misdemeanor involving moral turpitude or any misdemeanor that, in the discretion of the Board, bears such a relationship to the performance of security services as to constitute a disqualification for licensing under this chapter;
(4) Must not have been convicted of:
a.
aAny felony or misdemeanor involving the act of theft;a
theft-related offense unless there are only two (2) or fewer of such
misdemeanors which did not occur during or as a result of employment in a
capacity regulated by this chapter and the date of any such offense was more than
seven (7) years prior to the date of application for license; or
b. Any misdemeanor involving a drug offense unless there are only two (2) or fewer such misdemeanors and the date of any such offense was more than seven (7) years prior to the date of application for license;
Any offenses committed on a single date will be treated as a single offense for purposes of this subsection.
(5) Must not have
been convicted of any felony or misdemeanor involving drug offenses;
(5) Must not have been, as a juvenile, adjudicated delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached their 25th birthday;
(6) If served in the armed forces, must not have been discharged under other than honorable conditions;
(7) Must not be a member or employee of any law-enforcement organization, as defined by the Council of Police Training, or a member or employee of a law enforcement organization of any other state or federal jurisdiction; and
(8) Must meet and maintain the qualifications set and approved by the Board of Examiners.
Section 2.Amend Section 1316, Title 24 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§1316. Private investigator license requirements.
Anyone who wishes to be licensed as a private investigator, under this chapter, must meet and maintain the following requirements:
(1) Be at least 21 years of age;
(2) Not have been convicted of any felony;
(3) Not have been
convicted of any misdemeanor involving moral turpitude or theft or any
misdemeanor that, in the discretion of the Board, bears such a relationship to
the performance of security services as to constitute a disqualification for a
private security guard and/or private investigator to be issued a licenselicensing
under this chapter;
(4) Not have been
convicted of: any drug offense;
a. Any misdemeanor involving a theft-related offense unless there are only two (2) or fewer of such misdemeanors which did not occur during or as a result of employment in a capacity regulated by this chapter and the date of any such offense was more than seven (7) years prior to the date of application for license; or
b. Any misdemeanor involving a drug offense unless there are only two (2) or fewer such misdemeanors and the date of any such offense was more than seven (7) years prior to the date of application for license;
Any offenses committed on a single date will be treated as a single offense for purposes of this subsection.
(5) Must not have been, as a juvenile, adjudicated delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached their 25th birthday;
(6) If served in the armed forces, must not have been discharged under other than honorable conditions;
(7) Must not be a member or employee of any law-enforcement organization, as defined by the Council of Police Training, or a member or employee of a law enforcement organization of any other state or federal jurisdiction; and
(58) Meet
and maintain the qualifications set and approved by the Board of Examiners.
SYNOPSIS
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This bill changes the requirements for security guard and private investigator licenses by (a) making the qualifications uniform for both occupations; (b) providing that a license may still be issued for persons convicted of 2 or less drug or theft-related misdemeanors, so long as the misdemeanors are more than 7 years old; and (c) disqualifying juveniles adjudicated delinquent of a felony level offense unless they are at least 25 years old. |
