§ 5601. Objectives. The primary objective of this chapter is to regulate the commission of constables employed with various public and private entities within the State and to ensure that proficiency standards for commissioned constables are maintained. In meeting its objectives, the Constable Board of Examiners shall develop standards assuring professional competence, shall conduct and […]
§ 5602. Definitions. As used in this chapter: (1) “Board” means the Constable Board of Examiners. (2) “Commission” means 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. (3) “Employer” means an individual, person, […]
§ 5603. Constable Board of Examiners. (a) There is created a Constable Board of Examiners which shall administer and enforce this chapter. (b) The Board consists of 7 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 […]
§ 5604. Duties and responsibilities of the Board. 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 […]
§ 5605. Duties of the Professional Licensing Section. (a) The Professional Licensing Section shall do the following: (1) Keep a register of all constable commission applications, including approvals and denials thereof, and of all renewal applications. (2) Be responsible for recording and maintaining the minutes of all board meetings. (3) Keep a complete record relating […]
§ 5606. Commissions. (a) All applicants must provide the Board with proof of employment with an employer and the required documentation, from the employer, as required under § 5607 of this title, prior to being commissioned or recommissioned as a constable. (1) All commissioned constables must notify the Board immediately if their employment with the […]
§ 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 […]
§ 5608. Oath. Upon appointment, the Board 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 oath or affirmation prescribed by § 1 of Article XIV […]
§ 5609. Powers and duties of constables. A commissioned constable shall: (1) Work within the lawful duties of his or her employment to protect life and property, and preserve peace and good order. (2) Exercise the same powers as peace officers and law-enforcement officers, in order to protect life and property, while in the performance […]
§ 5610. Badges. A person who holds the office of constable shall have and display on proper demand a badge, approved by the Board, with the word “constable” engraved thereon. A constable may have and display such badge only while on duty and while in the performance of the lawful duties of employment. The name […]
§ 5611. Jurisdiction. Except as otherwise provided by law or limited by the Board the jurisdiction of each constable, commissioned under this chapter, shall extend throughout the State. Code 1852, § 630; 12 Del. Laws, c. 86; Code 1915, §§ 1398A, 1412; 33 Del. Laws, c. 89, § 3; 35 Del. Laws, c. 78, § […]
§ 5612. Disciplinary proceedings; appeal. (a) Subject to the provisions of this chapter and the rules and regulations promulgated by the Board, the Board may impose any of the following sanctions set forth in subsection (b) of this section if a finding has been made by the Board that a constable has engaged, or is […]
§ 5613. Judicial review. (a) A constable aggrieved by a decision of the Board under § 5612 of this title may obtain a review of such decision by filing an appeal with the Superior Court no later than 30 days after the Board’s decision. (b) Any party to the proceeding before the Board’s hearing panel […]
§ 5614. Exclusion from coverage. Constables appointed pursuant to this chapter are not covered by the provisions of the Law Enforcement Officers’ Bill of Rights under Chapter 92 of Title 11. 65 Del. Laws, c. 433, § 1; 83 Del. Laws, c. 454, § 2;
