CHAPTER 411
FORMERLY
SENATE BILL NO. 507
AN ACT TO AMEND CHAPTER 28, TITLE 10, OF THE DELAWARE CODE REGARDING JUSTICE OF THE PEACE CONSTABLES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 28, Title 10, of the Delaware Code by striking the said Chapter 28 in its entirety and substituting in lieu thereof a new Chapter 28 to read as follows:
"Chapter 28. Justice of the Peace Constables
§2801. Appointment
The Chief Magistrate of the Justice of the Peace Courts, or, if there is a vacancy in the office of Chief Magistrate, the Chief Justice of the Supreme Court, shall appoint such numbers of Justice of the Peace Constables as shall be necessary to handle all process of the Justices of the Peace appointed pursuant to Chapter 92 of this title.
§2802. Duties: Exclusive Authority
(a) The Justice of the Peace Constables appointed pursuant to the provisions of this chapter shall handle all process of the Justices of the Peace appointed pursuant to Chapter 92 of this title.
(b) Notwithstanding the provisions of any other law, no Constables appointed by any authority in this State shall be authorized to execute orders, warrants and other process directed to him by a Justice of the Peace appointed pursuant to Chapter 92 of this title, unless the Constable has been appointed pursuant to this chapter.
(c) Notwithstanding the provisions of any other law, a Justice of the Peace Constable appointed pursuant to the provisions of this chapter shall have the authority to undertake the following duties:
(I) Execute all lawful orders, warrants, and other process directed to him by a Justice of the Peace;
(2) Execute all writs of possession Issued pursuant to Section 5715, Title 25, of the Delaware Code, directed to him by a Justice of the Peace;
(3) Execute on all civil judgments directed to him by a Justice of the Peace;
(4) Serve all civil summonses directed to him by a Justice of the Peace:
(5) Serve all subpoenas directed to him by a Justice of the Peace:
(6) Transport all detentioners or convicted offenders to any Department of Correction facility pursuant to a commitment order directed to him by a Justice of the Peace;
(7) Execute on all capiases directed to him by a Justice of the Peace and issued by a Justice of the Peace:
(8) Conduct Justice of the Peace Court judicial levies and sales directed to him by a Justice of the Peace:
(9) Maintain the security and order In any Justice of the Peace Court and arrest all persons who shall commit any breach of the peace or contempt in said Court: and,
(10) Perform any other related law enforcement function required to maintain the dignity, integrity and security of the Justice of the Peace court system.
§2803. Salary and Term: Mileage
(a) Justice of the Peace Constables appointed pursuant to the provisions of this chapter shall be subject to all the rules and regulations as delineated in Chipter 59, Title 29 of the Delaware Code dealing with merit system administration and shall be compensated in accordance with the State's uniform pay plan.
All monies collected by Justice of the Pcacc Constables for fines, costs, fees or forfeitures shall be for the use of the State, except where otherwise directed by law.
(b) In addition to his salary. each Justice of the Pcacc Constable shall be entitled to receive mileage at the rate of 20 cents per miles for each mile necessarily travelled by him in the necessary discharge of his duties as Constable. Each Justice of the Pcacc Constable, on the last day of each month, shall present to the State Treasurer an itemized and verified account of all mileage fees incurred as aforesaid, and the State Treasurer shall pay the amount thereof to the Constable. The total charge for mileage thus complied in each case shall be charged as costs in the case and when collected shall be paid to the State Treasurer.
Section 2804. Location
In the counties of this State there shall be at least the following number of Justice of the Peace Constables:
New Castle 16
Kent 5
Sussex 7
Section 2805. Residence Requirements
Every Justice of the Peace Constable appointed pursuant to the provisions of this chapter shall reside in the county for which he is appointed and shall have resided there 6 months next preceding his appointment. If any Constable removes from the place where he is required by law to reside. his office shall thereupon become vacant.
Section 2806. Training
Every Justice of the Pcacc Constable appointed pursuant to the provisions of this chapter shall receive annual firearms training and training in the use of deadly force. Any Justice of the Pcacc Constable not so trained is prohibited from carrying a firearm while on duty. In addition, Justice of the Pcacc Constables shall receive annually such other training as is deemed appropriate by the Chief Magistrate. In all cases, however, a Justice of the Pcacc Constable must meet the minimum standards established by the Council on Police Training for part. time police officers or the equivalent thereof approved by the Board.
Section 2807. Prohibited Activities and Employments
A Justice of the Pcacc Constable appointed pursuant to the provision of this chapter shall not receive any other fees or emoluments for discharging his judicial duties, except as may otherwise be provided by law, or engage in any occupation concerned with or growing out of the collection of any Judgment rendered by a justice, or engage in the private security business or hold any state office, or be employed by the State in any other capacity.
Section 2808. Jurisdiction
The jurisdiction of the Justice of the Peace Constables appointed pursuant to the provisions of this chapter shall extend throughout the State."
Approved July 3, 1986.