Bill Text: DE HB389 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Constables.
Spectrum: Slight Partisan Bill (Democrat 16-7)
Status: (Passed) 2014-07-29 - Signed by Governor [HB389 Detail]
Download: Delaware-2013-HB389-Draft.html
|
SPONSOR: |
Rep. Mulrooney & Sen. Marshall |
|
Reps. Bolden, Brady, Briggs King, Carson, Gray, Heffernan, Keeley, Mitchell, Osienski, Paradee, Schwartzkopf, B. Short, Smyk, Wilson; Sens. Bushweller, Ennis, Lawson, Pettyjohn, Townsend, Venables |
|
HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
|
HOUSE BILL NO. 389 |
|
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CONSTABLES. |
Section 1.Amend §2704, Title 10 of the Delaware Codeby making deletions as shown by strike through and insertions as shown by underline as follows:
§2704 Term of office; discharge.
(a) The
term of office for constables shall be 1 year 2 years. Those
constables appointed prior to July 13, 1990, shall have their commissions
reviewed by the Board of Examiners within 1 year of July 13, 1990, and after
review may be discharged by the Board for cause prior to the expiration of
their term. A constable, including one appointed before July 13, 1990, may be
discharged by the Board for cause prior to the expiration of the 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.
(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 the constable 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 the employment.
Section 2.This Act shall take effect for any commission issued on or after January 1, 2015.
SYNOPSIS
|
The bill extends the length of a constable commission from one year to two years, thereby reducing the frequency and burden of processing them annually.This is beneficial to both the licensing division of the State Police and the industry as a whole. |
