Section 1302 - [Effective 2/1/2025] DefinitionsAs used in this chapter, unless the context requires a different definition:
(1) "Armed" shall mean any private security guard or armored car guard who carries or has immediate access to a firearm in the performance of their duties.(2) "Armored car agency" shall mean any person that provides armed secured transportation and protection from one place or point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry, negotiables or other valuables in a specially-equipped motor vehicle.(3) "Armored car guard" shall mean an individual employed by an armored car agency to perform duties as described under the definition of armored car agency.(4) "Board" shall mean the Delaware Board of Examiners of Private Investigators and Private Security Agencies.(5) "Commissioned security guard" shall mean an individual employed to:a, safeguard and protect persons or property orb deter theft, loss or concealment of any tangible or intangible personal property on the premises he/she is contracted to protect, and c.who carries or has access to a firearm in the performance of his/her duties as provided under authority of the Board.(6) "Compliance Agent" shall mean any individual employed by a private security agency, private investigative agency, or armored car agency within the State of Delaware who serves within a management capacity within the State, and who ensures compliance of the business with the requirements of this chapter.(7) "Computer forensic specialist" shall mean an individual who interprets, evaluates, tests, or analyzes pre-existing data from computers, computer systems, networks, or other electronic media, provided to them by another where that person owns, controls, or possesses said computer, computer systems, networks or electronic media through the use of highly specialized expertise in recovery, authentication and analysis of electronic data or computer usage. A computer forensic specialist shall not be classified or within the definition of a private investigator.(8) "Department" shall mean the Department of Safety and Homeland Security.(9) "Director" shall mean the officer in charge of the Professional Licensing Section of the Division of the Delaware State Police.(10) "Division" shall mean the Division of the Delaware State Police.(11) "Event security staff" shall mean any individual employed by a private security agency to primarily perform crowd management, patron screening and event security at sports or entertainment venues with a minimum spectator capacity of 5,000 people.(12) "Firearm" means as defined in § 222 of Title 11. (13) "License" shall mean a method of regulation whereby businesses, sole proprietors, partnerships for a private security agency, private investigative agency, or armored car agency are required to be licensed by the Board.(14) "Manager" shall mean in the case of a corporation, an officer or supervisor, or in the case of a partnership, a general or unlimited partner meeting the experience qualifications set forth in this chapter for a private security agency, private investigative agency or armored car agency.(15) "Officer" shall mean the president, vice president, secretary, treasurer, comptroller, partner, owner or any other corporate title.(16) "Person" shall mean an individual (sole proprietorship), firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity.(17) "Private Investigative Agency" means any person who engages in the business or accepts employment to obtain or furnish information or to conduct investigations with reference to: a. Crime or civil wrongs;b. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;c. The location, disposition or recovery of lost or stolen property;d The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property;e The securing of evidence to be used before any court, board, officer, or investigating committee.(18) "Private Investigator" shall mean an individual employed by a private investigative agency (even as a sole proprietor) to perform one or more duties as described under the definition of private investigative agency.(19) "Private Security Agency" shall mean 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; ord Supervises event security staff.(20) "Private Security Guard" shall mean an individual employed by a private security agency to perform one or more duties as described under the definition of a private security agency.(21) "Projectile weapon" means as defined in § 222 of Title 11. (22) "Proprietary Security" shall mean the in-house security department of any person, if the security department has as its general purpose the protection and security of its own property and grounds, and if it does not offer or provide security services to any other person.(23) "Registration" shall mean a method of regulation whereby an individual employed by a private security agency, private investigative agency, or armored car agency as a security guard, private investigator or armored car guard is licensed and issued an identification card by the Professional Licensing Section.(24) "Section" shall mean the Professional Licensing Section of the Delaware State Police.(25) "Secretary" shall mean the Secretary of the Department of Safety and Homeland Security.(26) "Superintendent" shall mean the Superintendent of the Division of the Delaware State Police or the appointed designee.Amended by Laws 2023, ch. 525,s 45, eff. 2/1/2025.Amended by Laws 2017 , ch. 99, s 1, eff. 7/21/2017.Amended by Laws 2015 , ch. 176, s 1, eff. 9/3/2015.69 Del. Laws, c. 285, §2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 423, §§ 1- 4; 77 Del. Laws, c. 457, § 1.;This section is set out more than once due to postponed, multiple, or conflicting amendments.