Del. Code tit. 24 § 5607

Current through 2024 Legislative Session Act Chapter 364
Section 5607 - Qualifications and training
(a) All applicants and commissioned constables must meet all requirements of this chapter and all rules and regulations promulgated by the Board.
(b) Anyone who wishes to be commissioned under this chapter, must meet and maintain the following requirements:
(1) Must be a minimum of 21 years old.
(2) Must not have been convicted of a felony.
(3) Must not have been convicted of any misdemeanor within the last 7 years prior to the date of application, which involves 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 performance of a commissioned constable as to disqualify the individual from receiving a commission; and,
a. The individual has had no more than 2 misdemeanor convictions during his or her lifetime and
b. The misdemeanor convictions did not occur during the individual's employment as a constable regulated under this chapter.
(4) Must not have been adjudicated delinquent for conduct as a juvenile, which if committed as adult would have constituted a felony.
(5) Must not have been dishonorably discharged if the individual is a veteran of any branch of the armed forces.
(6) May not be a current sworn or civilian employee of any Delaware law-enforcement organization, as defined by the Police Officer Standards and Training Commission, or current sworn or civilian employee of a law-enforcement organization in any other state or federal jurisdiction.
(7) Must be fingerprinted and provide the required identification information and personal description to the State Bureau of Investigation for purposes of the Bureau obtaining a complete state and federal criminal background report.
(8) Must provide written documentation, at the time of original application or renewal, from an employer, stating that the applicant is employed or has been offered employment with the employer, and the employer requires a commissioned constable to protect life and property in circumstances where public law enforcement can not assist.
(c) Commissioned constables shall receive such additional training or in-service education as required by the Board.

24 Del. C. § 5607

Amended by Laws 2023, ch. 149,s 9, eff. 8/7/2023.
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.