Bill Text: DE SB267 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 10 And Title 24 Of The Delaware Code Relating To Constables.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-06-16 - Reported Out of Committee (PUBLIC SAFETY) in Senate with 4 On Its Merits [SB267 Detail]
Download: Delaware-2015-SB267-Draft.html
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SPONSOR: |
Sen. Marshall & Rep. Mulrooney |
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Sen. Ennis; Reps. Mitchell |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 267 |
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AN ACT TO AMEND TITLE 10 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CONSTABLES. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
Section. Amend Title 10 and Title 24 of the Delaware Code by deleting Chapter 27 of Title 10 relating to Constables and replacing it with a new Chapter 56 of Title 24 relating to constables, and by making deletions as shown by strike through and insertions as shown by underline as follows:
CHAPTER 56. CONSTABLES
§5601 Objectives.
The primary objective of the Board of Examiners of Constables is to identify and monitor pursuant to licensing requirements those constables employed with various public and private entities within the State.
The secondary objectiveof the Board of Examiners is to maintain minimum standards of competency for commissioned constables. In meeting its objectives, the Board shall develop standards assuring professional competence, shall conduct and adjudicate at formal hearings, shall promulgate rules and regulations, and shall impose sanctions where necessary and appropriate against commissioned and formally-commissioned constables. The Board will adhere to the State Administrative Procedures Act.
§5602 Definitions.
(a) "Board" shall mean the Board of Examiners of Constables established in this chapter.
(b) "Commission" shall mean authority issued from the Board empowering a person or persons named in an application to exercise jurisdiction, perform the duties, and exercise the office of a constable within this State.
(c) "Director" shall mean the Director of the Professional Licensing Section.
(d) "Division" shall mean the Division of Delaware State Police.
(e) "Section" shall mean the Professional Licensing Section.
(f) "State" shall mean the State of Delaware.
(g) "Superintendent" shall mean the Superintendent of the Division of the Delaware State Police.
§5603 Board of Examiners.
(a) There shall be a Board of Examiners of Constables which shall administer and enforce this chapter.
(b) The Board shall consist of five members:
(1) The Superintendent of the Delaware State Police or the Superintendent's designee;
(2) The Director of Public Safety of the New Castle County Police or the Director's designee;
(3) The Attorney General or the Attorney General's designee;
(4) A representative from the Delaware Police Chiefs Council appointed by the Governor;
(5) A representative from the American Society of Industrial Security appointed by the Governor.
(c) The Board shall hold a regularly scheduled business meeting each calendar year and at such other times as the Superintendent deems necessary, or at the request of a majority of the Board members.
(d) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of at least three members of the Board.
(e) Minutes of all meetings shall be recorded and shall be maintained by the Professional Licensing Section.
§5604 Records
(a) The Professional Licensing Section shall keep a register of all applications for a commission as a constable and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board's rules and regulations, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.
(b) The Board, with the assistance ofthe Professional Licensing Section, shall:
(1) Promulgate, adopt and, from time to time, revise such rules and regulations and standards not inconsistent with the law as may be necessary to enable it to carry into effect this Chapter;
(2) Deny or withdraw approval from applicants for failure to meet approved application procedures and other criteria;
(3) Oversee renewal applications and the collection of appropriate fees;
(4) Conduct hearings upon request for denial, suspension or revocation of a constable's commission;
(5) Have the power to issue subpoenas and compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings;
(6) Have all the duties, powers and authority necessary and appropriate to the enforcement of this Chapter.
§5605 Powers of the Board
(a) The Board shall be responsible for reviewing applications and granting commissions for constables upon review of an applicant's background, criminal history, work experience and any other information it deems necessary.
(1) The Board shall deny any commission for the benefit of any firm, corporation, civic association, or governmental entity upon a failure to show that the proposed commission 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 agencies are unable to assist.
(b) The Board shall be responsible for establishing minimum qualifications for applicants by rule or regulation, and yearly continuing legal and in-service training requirements for commissioned constables.
(c) The Board shall have the power to deny, suspend or revoke the commission of any applicant or commissioned constable who fails to meet required standards, or who violates this Chapter, or who violates any promulgated rule or regulation.
(d) The Director of the Professional Licensing Section may issue, on behalf of the Board, an emergency suspension if any commissioned constable has been arrested where that arrest could result in the conviction of a misdemeanor or felony, or violates this chapter or any promulgated rule or regulation.
(e) The Board shall establish standards by rule or regulation for commissioned constables to carry firearms while on duty and any continuing firearms training or use of deadly force training. The Board shall prohibit any commissioned constable from carrying a firearm who fails to meet established requirements, or who fails to justify such based on their duties within the scope of their employment.
(f) The Board shall establish standards by rule or regulation for commissioned constables to carry and use batons, night sticks, chemical spray, conducted electrical weapons and canines while on duty. The Board shall prohibit any commissioned constable from carrying a firearm who fails to meet established requirements or who fails to justify such a need based on their duties within the scope of their employment.
(g) The Board may establish a reasonable application fee.
§5606 Appointment
(a) All applicants must attain and maintain employment with a firm, corporation, civic association, or governmental entity prior to being commissioned as a constable. The Board shall appoint and commission such numbers of constables as it deems necessary.
(1) All commissioned constables must notify the Board immediately if their employment with the firm, corporation, civic association or governmental entity is terminated.
(2) All firms, corporations, civic associations and governmental entities that employ commissioned constables must notify the board immediately if a constable in their employ is terminated.
(b) No current sworn or civilian personnel with any Delaware law enforcement organization, as defined by the Council on Police Training, or current sworn or civilian member of a law enforcement organization in any other state or federal jurisdiction shall be commissioned as a constable.
(c) Prior to commission, all constables shall provide the State Bureau of Identification with their name, weight, hair, eye color, current address/legal residence and any other information necessary for the Bureau to obtain a report of the person's entire State of Delaware criminal history and federal criminal history pursuant to Federal Bureau of Investigation rules and regulations.
(d) Upon appointment, the Professional Licensing section shall issue commissioned constables a commission certificate and identification card. No commission certificate or identification card issued pursuant to this chapter shall be transferable.
(e) No sheriff or deputy sheriff shall be commissioned as a constable for the benefit of the sheriff's office or the government of a county unless a request has been made by resolution of the appropriate county council or Levy Court.
(f) The term of office for all constables shall be two years.
(g) Upon expiration of a constable's term of office, the constable may request to the Board that the commission be renewed. Approval for renewal shall be within the discretion of the Board.
§5607 Qualifications and training.
(a) A constable must be 21 years of age or older.
(b) All applicants and commissioned constables shall provide documentation that they meet all requirements of this Chapter and any rules or regulations promulgated by the Board.
(c) Anyone who wishes to be commissioned under this Chapter, must meet and maintain the following requirements:
(1) Must not have been convicted of a felony;
(2) Must not have been convicted of any misdemeanor involving a theft-related offense, drug offense, or offense involving moral turpitude, or any misdemeanor that, in the discretion of the Board, bears such a relationship to the performanceof a commissioned constable as to constitute a disqualification to be issued a commission, within the last seven years, and:
a. There are no more than two such misdemeanors during such person's lifetime; and
b. No misdemeanor conviction occurred during, or as a result of, employment in a capacity regulated by this Chapter.
(3) Must not have been, as a juvenile, adjudicated delinquent for conduct, which if committed by an adult would constitute a felony. The Board may, in its discretion, issue a commission once an individual has reached their twenty-first birthday;
(4) If a veteran of any branch of the armed forces, must not have been dishonorably discharged.
.§5608 Powers and Duties of Constables
(a) A commissioned constable shall work within the scope of the constable's employment with the appropriate firm, corporation, civic association, or governmental entity to protect life and property and preserve peace and good order.
(1) The jurisdiction of a commissioned constable shall be limited to the location(s) provided under their scope of employment.
(b) Commissioned constables fall within the definition of a law enforcement officer defined under 11 Del. C. §222(15).
(c) The Board shall grant or deny any power or duty to a commissioned constable upon review of their scope of work.
(d) Upon the exercise of a constable's lawful authority within their jurisdiction to make a custodial detention, a search of a person or place incident to a custodial detention, or when the occurrence of a criminal act is reported to the constable, the constable shall contact the local law enforcement agency covering that jurisdiction.
(1) A "local law enforcement agency" shallmean a law-enforcement agency of this State, or of any county or municipality, that employs sworn police officers as defined in 11 Del. C. §8401(5), and is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State.
(e) The local law enforcement agency shall conduct all investigations and arrests and shall satisfy the reporting requirements to the State Bureau of Identification.
§5609 Disciplinary Proceedings; appeal.
(a) Grounds – Subject to the provisions of this Chapter, the Boardmay impose any of the following sanctions set forth in subsection (b) of this section singly, or in combination, when the Board finds a licensee or identification card holder has engaged in any of the following:
(1) Working as a constable without a commission;
(2) Failing to maintain training and in-service requirements;
(3) Having a felony or misdemeanor arrest or conviction set forth in §5607(c);
(4) Failing to notify the Professional Licensing Section of termination of employment;
(5) Working outside the scope of employment or jurisdiction;
(6) Submitting false or fraudulent information material to any application for commission;
(7) Failing to surrender a revoked identification card or badge;
(8) Failing to have or display any badge approved by the Board;
(9) Violating any provision of this Chapter or any rule or regulation promulgated by the Board or the Professional Licensing Section.
(b) Disciplinary Sanctions. –
(1) Permanently revoke a commission or identification card.
(2) Suspend a commission.
(3) Issue a letter of reprimand.
(4) Refuse to issue a commission or identification card.
(5) Refuse to renew a commission or identification card.
(6) Other disciplinary sanction permitted by law.
(c) Procedure. –
(1) After receipt of written notice from the Professional Licensing Section of the Board's denial, suspension or revocation of a license or identification card, the applicant or license/identification card holder shall be afforded a hearing before the Board.
(2) The accused may be represented by counsel and shall have the right of examination and cross examination.
(3) Testimony before the Board shall be under oath.
(4) A verbatim record of the hearing shall be made.
(5) The decision of the Board shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Board may refuse to issue, or revoke or suspend a license or identification card, or otherwise discipline an individual. A suspended license may be reissued upon a further hearing initiated at the request of the suspended licensee or identification card holder by written application to the Professional Licensing Section.
(d) All decisions of the Board shall be final and conclusive. Where the applicant or license/identification card holder is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Secretary of the Department within 30 days of service or the postmarked date of the copy of the decision mailed to the individual. The appeal shall be on the record to the Secretary as provided in the Administrative Procedures Act.
§5610 Oath.
Upon appointment, the Board of Examiners 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, Section 1, of the Constitution of Delaware.
§5611 Compensation.
The compensation of every constable shall be wholly paid by the firm, corporation, or civic association at whose instance the constable was appointed, unless the constable is employed by a governmental entity, in which case that governmental entity will be responsible for the constable's compensation.
§5612 Badges.
(a) Every commissioned constable shall have and display on proper demand a badge, approved by the Board, with the word "constable" engraved thereon. A constable shall have and display such badge only while on duty and while in the performance of the lawful duties of employment. The name of the person, firm, corporation, civic association, or governmental entity at whose instance the constable was appointed shall be plainly inscribed on such badge.
(1) Only State agencies or entities may use the State Seal on any constable paraphernalia or badge pursuant to 29 Del. C. §2306.
(b) Whoever violates this section shall be issued an administrative penalty of not more than $100. A constable found in violation of this section shall notify the Board in writing within 10 days. The Board shall review the violation and determine whether the constable should be discharged. A failure to notify the Board of a violation within 20 days shall be sufficient ground to revoke constable status.
(1) Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation and such other matters as justice requires.
(2) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Superintendent in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys' fees and costs and the validity and appropriateness of such administrative penalty shall not be subject to review.
§5613 Exclusion from coverage.
Constables appointed pursuant to this Chapter or any other chapter are not covered by the provisions of Chapter 92 of Title 11, Law-Enforcement Officers' Bill of Rights.
SYNOPSIS
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This Act changes the location of the chapter of the Delaware Code relating to Constables from Title 10to Title 24 where all other Delaware State Police licensing boards are located, clarifies the powers of the board, clarifies the duties of commissioned constables and details possible sanctions. |
Author:Senator Marshall
