HB 474

Abstract

Under current Chapter 27 of Title 10 the Board of Examiners of Constables is charged with appointing constables and certifying their commissions as well as monitoring their training and in-service. Currently, there is no member on the Board who acts as a representative for constables. This bill removes the constable statute from Title 10 by deleting Chapter 27 in its entirety, and adding Chapter 56, as it relates to Constables, to Title 24 of the Code. This bill renames the Board “Constable Board of Examiners”, expands the number of Board members from 5 to 7 and replaces the current representative from the American Society of Industrial Security with 3 constables, 1 specifically employed with a higher education institution and 1 specifically employed with a healthcare institution. This bill also clarifies the authority of the Board and the powers and duties of constables. The Act also brings the Board’s process under Delaware’s Administrative Procedures Act. The Act grandfathers all currently commissioned constables, except requiring their compliance with all firearms training, until their present term expires. The Act also amends Title 18 to reflect that commissioned constables, as in current law, remain eligible for line-of-duty death benefits under this new Chapter.