2016 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 27. CONSTABLES
§ 2703. Qualification and training.

(a) A constable must be 21 years of age or older.

(b) To be approved by the Board of Examiners, a constable applicant shall meet the minimum standards established by the Board and shall participate in such other training as the Board requires.

(c) The Board of Examiners may require commissioned constables to receive such additional training or education as it deems necessary.

(d) Constables appointed before the effective date of this law shall, during the remainder of their term, meet all requirements related to firearms training, as set forth in subsection (e) of this section, and all requirements related to additional training as set forth in subsection (c) of this section. In order for such a constable to be eligible for renewal of commission, the constable must meet the requirements set forth in subsection (b) of this section.

(e) After appointment, the Board of Examiners shall determine, based on the constable's duties and employment, whether a constable shall be permitted to carry firearms while on duty as a constable. The Board of Examiners shall establish standards and requirements of firearms training and training in the use of deadly force for those constables permitted by the Board to carry firearms while on duty. Any constable not so trained is prohibited from carrying a firearm while on duty.

(f) No constable shall be appointed for the benefit of any person, firm, corporation, civic association or governmental entity except upon a showing to the Board of Examiners that the proposed appointment will be in aid and relief of public law-enforcement or police agencies and is necessary to protect life and property in circumstances where public law-enforcement or police agencies are unable to assist.

(g) No person shall be commissioned as a constable unless that person submits, to the State Bureau of Identification, their name, Social Security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and the provision of such other information as may be necessary to obtain a report of the person's entire criminal history record from the State Bureau of Identification and a report of the person's entire federal criminal history pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544.

(h) No sheriff or deputy sheriff shall be commissioned as a constable for the benefit of the sheriff's office or the government of a county unless a request has been made by resolution of the appropriate county council or Levy Court for such sheriff or deputy sheriff to be commissioned as a constable.

65 Del. Laws, c. 433, § 1; 67 Del. Laws, c. 351, §§ 3, 4; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 372, § 1; 77 Del. Laws, c. 139, § 1; 78 Del. Laws, c. 266, § 23.;