Del. Code tit. 24 § 5604

Current through 2024 Legislative Session Act Chapter 364
Section 5604 - Duties and responsibilities of the board
(a) The Board has the authority to:
(1) Promulgate, adopt and, from time to time, revise such rules, regulations, and standards not inconsistent with the law as may be necessary to enforce the provisions of this chapter.
(2) Review applications and grant commissions for constables upon review of an applicant's background, criminal history, work experience, and any other information the Board deems necessary.
(3) Conduct such further inquiry and investigation as the Board deems appropriate in order to satisfy itself of the good character, competency, and integrity of the applicants.
(4) Appoint and commission those applicants who have, as determined by the Board, satisfied the requirements of this chapter and its rules and regulations, and who are otherwise qualified to serve as constables.
(5) Establish minimum qualifications for applicants by rule or regulation, and yearly continuing legal and inservice training requirements for commissioned constables.
(6) Deny an applicant a commission, or suspend or revoke the commission of a constable, where the applicant or constable fails to meet required standards or violates this chapter, or violates a rule or regulation promulgated under this chapter.
(7) Promulgate rules and regulations for commissioned constables to carry and use, while on duty, batons, night sticks, chemical spray, conducted electrical weapons, canines, and firearms.
(8) Establish standards and requirements for firearms training and training in the use of force, including the use of deadly force, for constables applying to the Board to carry firearms while on duty. Constables who fail to meet the standards for carrying a firearm or fail to successfully complete firearms training are prohibited from carrying a firearm while on duty.
(9) Grant or deny renewal applications. The Board has the authority to deny renewal of a Constable's commission where the constable fails to meet the required standards of this chapter or violates a provision of this chapter, or any rule or regulation promulgated under this chapter.
(10) Conduct hearings for denial, suspension or revocation of a commission.
(11) Issue subpoenas to compel the attendance of witnesses, order discovery for the production of documents, and administer oaths to persons testifying at hearings.
(12) Establish reasonable application and renewal fees that equate with all costs necessary to defray the expenses of the Board.

24 Del. C. § 5604

Added by Laws 2021, ch. 454,s 2, eff. 10/7/2022.
Section 3 of the enacting legislation provides that constables commissioned before the effective date of this chapter will remain commissioned during the remainder of their term, however those constables whose commission includes carry and use of a firearm must meet all requirements related to firearms training under §5604(8) of this title. Once a commission expires, the constable must meet all requirements set forth in §5607 of this chapter for renewal of commission.