CHAPTER 285
FORMERLY
SENATE BILL NO. 373
AS AMENDED BY SENATE AMENDMENT NOS. 1, 2, 4, 5 AND 6
AN ACT TO AMEND CHAPTER 13, TITLE 24, DELAWARE CODE RELATING TO PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):
Section 1. Amend the Chapter, Title and text of §1301, Chapter 13, Title 24, Delaware Code, by striking said Chapter Title and section in their entirety and substituting in lieu thereof the following:
"CHAPTER 13. Private Investigators and Private Security Agencies.
§1301. This Chapter may be cited as the 'Private Investigators and
Private Security Agencies Act'."
Section 2. Amend §1302, Chapter 13, Title 24, Delaware Code, by redesignating said section as "§1303" and substituting a new section 1302 to read as follows:
"§1302. Definitions.
As used in this Chapter, unless the context requires a different definition:
(1) 'Board' means the Delaware Board of Examiners of Private Investigators and Private Security Agencies.
(2) 'Person' includes individual, firm, association, company,
partnership, corporation, nonprofit organization, institution, or similar entity.
(3) 'Investigations company' or 'agency' means any person who engages in the business or accepts employment to obtain or furnish information with reference to:
crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America;
the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person;
(a) the location, disposition, or recovery of lost or stolen property; the cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property; or
(b) the securing of evidence to be used before any court, board, officer, or investigating committee.
(4) 'Guard company' or 'agency' means any person engaging in the business of or undertaking to provide a private watchman, guard, or street patrol service on a contractual basis for another person and performing any one or more of the following or similar functions:
(a) prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property;
(c) control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to extent and for the time directly and specifically required to assure the protection of property; or
(d) protection of individual from bodily harm.
(5) 'Armored car company' or 'agency' means any person that provides secured transportation and protection from one place or point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry, or other valuables.
(6) 'Security services contractor' means any guard company, armored car company, or courier company as defined herein.
(7) 'Security department of a private business' means the security department of any person, if the security department has as its general purpose the protection and security of its own property and grounds, and if it does not offer or provide security services to any other person.
(8) 'Private investigator' means any person who performs one or more services as described under the definition of investigator.
(9) 'Security officer' means any individual employed by a security services contractor or the security department of a private business to perform the duties of a security guard, security watchman, security patrolman, armored car guard, or courier guard.
(10) 'Manager' means in the case of a corporation, an officer or supervisor, or in the case of a partnership, a general or unlimited partner meeting the experience qualifications set forth in this Chapter for managing a security services contractor or an investigations company.
(11) 'License' means a permit granted by the board entitling a person to operate as a security services contractor or investigations company.
(12) 'Branch office license' means a permit granted by the Board entitling a person to operate as a security services contractor or investigations company at a location other than the principal place of business as shown in the Board records.
(13) 'Licensee' means any person to whom a license is granted under this Chapter.
(14) 'Security officer commission' means an authorization granted by the Board to an individual employed as a security officer to carry a firearm.
(15) 'Commissioned security officer' means any security officer to whom a security officer commission has been issued by the Board.
(16) 'Registration' means a permit granted by the board to an individual to perform the duties as described in this Chapter.
(17) 'Firearm' has the meaning given in Section 222, Title 11.
(18) 'Deadly weapon' has the meaning given in Section 222-5, Title
(19) 'Director' means the Officer In Charge of the Detective Licensing Unit of the Division of the Delaware State Police.
Section 3. Amend §1303, §1304 and §1305, Chapter 13, Title 24,
Delaware Code by striking said sections in their entirety and substituting in lieu thereof the following:
"§1304. Board of Examiners of Private Detectives and Security Guards. (a) Creation of Board.
The Delaware Board of Examiners of Private Investigators and Private Security Agencies is created for the protection of the general public and to carry out the functions and duties conferred on it by this Chapter.
The Director of the Delaware Board of Examiners of Private Investigators and Security Agencies shall serve as Chief Administrator of the Board. The Director shall be a uniformed member of the Division of State Police designated by the Secretary of Public Safety.
All legal process and all documents required by law to be served or filed with the Board shall be served or filed with the Director at the designated Office herein also referred to as the Detective Licensing Unit, Division of State Police. All official records of the Board or affidavits by the Director as to the content of such records shall be prima facie evidence of all matters required to be kept by the Board.
The Delaware Board of Examiners of Private Investigators and Security Agencies will adhere to the Administrative Procedures Act.
All fines collected under this Chapter shall be deposited to the credit of the General Fund.
(b) Rules of Procedure.
The Board shall have the following powers and duties:
(1) To determine the qualifications of security guards, private investigators, armored car employees and businesses licensed under this Chapter;
(2) To investigate alleged violations of the provision of this Chapter and of any rules and regulations adopted by the Board;
(3) To promulgate all rules and regulations necessary in carrying out the provisions of this Chapter; and
(4) To establish and enforce standards governing the safety and conduct of persons licensed and registered under the provision of this Chapter.
§1305. Board Membership; Eligibility.
(a) The Board is composed of the following members:
(1) The Superintendent of the Division of State Police;
(2) The Attorney General or his designated representative;
(1) Three (3) public members shall be appointed by the Governor, who are residents of the State of Delaware;
(2) Two (2) members shall be appointed by the Governor, who are licensed under this Chapter, who have been engaged for a period of five (5) consecutive years as a private investigator and who are not employed by the same person as any other member of the Board;
(3) Two (2) members shall
be
appointed by the Governor, who are licensed under this Chapter, who have been engaged for a period of five (5) consecutive years as a security services contractor, and who are not employed by the same person as any other member of the Board, who:
(A) Is licensed under this Chapter as an owner or operator of a guard company;
(C) Is not employed by a person who employs any other member of the Board.
(b) A person is not eligible for appointment as a public member if the person or the person's spouse:
(1) Is licensed by an occupational regulatory agency in the field of private security;
(2) Is employed by or participates in the management of a business entity or other organization related to the field of private security; or
(3) Has, other than as a consumer, a financial interest in a business entity or other organization related to the field of private security.
(c) A member of the Board may not be an officer, employee or paid consultant of a trade association in the private security industry.
For the purpose of this section, 'trade association' means a nonprofit, cooperative, voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual or professional problems and in promoting their common interests.
(d) It is grounds for removal from the Board if a member:
(1) Does not have, at the time of appointment, the qualifications required by subsection (a)(5)(A) or (B), of this section, m for appointment to the Board;
(1) Does not maintain, during the service on the Board, the qualifications required by subsection (a)(5)(A) or (B), of this section, for appointment to the Board;
(1) Violates a prohibition established in subsection (b) of this section;
(1) Does not attend at least one-half of the regularly scheduled meetings, held by the Board, in a calendar year, excluding meetings held when the person was not a member of the Board ; or
(1) Is unable to discharge the members' duties for a substantial part of the term of which the member was appointed because of illness or disability.
The validity of an action of the Board is not affected by the fact that it was taken when a ground for removal of a member of the Board existed.
If the Director has knowledge that a potential grounds for removal exists, the Director shall notify the Chairman of the Board of the ground. The Chairman of the Board shall then notify the Governor that a potential grounds for removal exists.
(e) Notwithstanding the provisions of this section all Board members serving as of the effective date of this act shall continue to serve the balance of their term.
§1306. Terms of Office.
Members appointed to the Board serve three (3) year terms, however, no member can serve more than two (2) consecutive terms. If a member has served two (2) consecutive terms, he may be reappointed providing that the member has not served for three (3) years prior to his last appointment.
§1307. Compensation of Board Members.
Each member of the Board, who is not serving on the Board in their capacity as a State employee, shall be reimbursed $50.00 for each meeting attended; provided, however, that no Board member shall receive more than $500.00 in any given calendar year.
§1308. Subpoenas and Injunctions.
(a) In the conduct of any investigation conducted under the provisions of this Chapter, the Board may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents. The officer conducting the hearing may administer oaths and may require testimony and evidence to be given under oath.
(a) No witness Is privileged to refuse to testify to any fact, or produce any paper, respecting which he is properly examined by the officer conducting the hearing.
If a witness refuses to obey a subpoena or give any evidence relevant to proper in inquiry by the Board, then the Board may petition Superior Court to compel the witness to obey the subpoena or give the evidence. The Court shall immediately issue process to the witness and shall hold a hearing on the petition as soon as possible. If the witness refuses, without reasonable cause or legal grounds, to be examined or to give evidence relevant to proper inquiry by the Board, the Court shall punish the witness for contempt.
(c). The Director and/or his designee shall have the authority to investigate any violations of this Chapter and/or Rules and Regulations adopted by the Board and are authorized to take statements under oath in any investigation of a matter covered by this Chapter. In the conduct of any investigation conducted under the provision of this Chapter, the Board may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents.
(d) The Board may institute an action in its name against a person to enjoin a violation of this Act or a Rule or Regulation of the Board. For the Board to sustain the action, the Board does not have to allege or prove that an adequate remedy at Law does not exist or that substantial or irreparable damage would result from the continued violation. The Board may not be required to give an appeal bond, in any cause, arising under this Chapter.
(e) Whenever it appears that any person has violated any of the provisions of this Chapter for which a penalty is imposed, the Board may cause a civil suit to be instituted in a Court of Chancery for Injunctive relief to restrain such person from continuing the violation and for assessment and recovery of the civil penalty.
§1309. Revocation, Suspension, Etc.
The Board shall have the power to suspend, revoke, or place on probation any person or business required to be licensed under this Chapter that violates any provisions of this Chapter and/or who violates any Rules and/or Regulations promulgated by the Board.
§1310. Emergency Suspension.
(a) The Director shall be granted the power to impose an emergency suspension on any person or business licensed under this Chapter if, in the opinion of the Director, that failure to take such action could jeopardize the public's safety and welfare.
(a) Any person or business whose license is suspended by the
Director, under subsection (a) of this Section shall be granted a full hearing, by the Board, within ten (10) days from the date that the suspension was imposed, provided that the violating party request such a hearing, in writing, to the Director within five (5) days of the suspension.
§1311. Board Powers.
(a) The Board may suspend, revoke, place on probation, fine any applicant, registrant or licensee who has committed any act which could result in a felony conviction, or has committed any act that could result in a misdemeanor conviction which involves moral turpitude or a drug offense; or has practiced fraud, deceit, or misrepresentation; or has made a material misstatement in any application or renewal for a license.
(b) Anyone whose license has been suspended, revoked, or denied under this Act is entitled to a hearing before the Bo ard.
(c) Any person whose license has been refused, suspended, revoked, or has been imposed a civil penalty is entitled to a hearing before the Board.
(d) The Board shall have the power to impose a civil penalty upon any person or business required to be licensed under this Chapter up to $200.00, per day, for each violation.
§1312. Organizations and Meetings of the Board.
The Board shall meet quarterly or at such times to be decided by the majority of the Board.
A majority of the Board constitutes a quorum to transact business. §1313. Consumer Information.
The Board shall prepare information of interest to consumers or recipients of services regulated, under this Chapter, describing the Board's procedures by which complaints are filed with and resolved by the Board. The Board shall make the information available to the general public and appropriate State Agencies.
The Board, by Rule, shall establish methods by which consumers or service recipients are notified the name, mailing address, and telephone number, of the Board, for the purpose of directing complaints to the Board. The Board may provide for the notification through inclusion of the information, on
each
registration form, application, or written contract for services of a person regulated under this Chapter.
§1314. Security Guard, License Requirements.
Anyone who wishes to be licensed, under this Chapter, as a non-commissioned security guard, must meet and maintain the following requirements:
(1) Must be at least 20 years of age;
(2) Must not have been convicted of any felony;
(3) Must not have been convicted of any misdemeanor involving moral turpitude;
(4) Must not have been convicted of any felony or misdemeanor involving the act of theft;
(5) Must not have been convicted of any felony or misdemeanor involving drug offenses;
(1) If served in the Armed Forces, must not have been
discharged other than Honorable conditions;
(2) Must not be a member or employee of any Law Enforcement Organization, as defined by the Council of Police Training;
(3) Must meet and maintain the qualifications set and approved by the Board of Examiners.
§1315. Commissioned Security Guard, License Requirements.
Anyone who wishes to be licensed as an armed security guard, under this Chapter, must meet the same qualifications as a security guard with the following exceptions:
(1) Must be at least 21 years of age;
(2) Must meet and maintain the qualifications set and approved by the Board of Examiners.
§1316. Private Investigator, License Requirements.
Anyone who wishes to be licensed as a private investigator, under this Chapter, must meet and maintain the following requirements:
(1) Must be at least 21 years of age;
(2) Must not have been convicted of any felony;
(3) Must not have been convicted of any misdemeanor involving moral turpitude or theft or any misdemeanor that, in the discretion of the Board, bears such a relationship to the performance of security services as to constitute a disqualification for a private security guard and/or private investigator to be issued a license;
(4) Must not have been convicted of any drug offense;
(5) Must meet and maintain the qualifications set and approved by the Board of Examiners.
§1317. Armored Car Guard, License Requirements.
Must meet same qualifications as Commissioned Security Guard. §1318. Security Guard Business Licensee, License Requirements.
An applicant applying for a license, to own and operate a Security Guard business, shall have the following qualifications:
(1) Must be at least 25 years of age;
(1) Must have at least four (4) years of experience as a
manager in a bona fide licensed security agency;
(2) Must not have been convicted of any felony;
(3) Must not have been convicted of any misdemeanor involving moral turpitude or theft or any misdemeanor that, in the discretion of the Board, bears such a relationship to the performance of security services, as to constitute a disqualification for a private security guard, and/or licensee to be issued a license;
(4) Must not have been convicted of any drug offense;
(5) Must meet and maintain the qualifications set and approved by the Board of Examiners.
§1319. Private Investigator Business Licensee, License Requirements.
An applicant applying for a license to own and operate a Private Investigative business, shall have the following qualifications:
(1) Must be at least 25 years of age;
(2) Must have at least five (5) years investigative experience or must have been a Police Officer or worked with an investigative agency within the United States;
(3) Must not have been convicted of any felony;
(4) Must not have been convicted of any misdemeanor involving moral turpitude or theft or any misdemeanor that, in the discretion of the Board, bears such a relationship to the performance of the private investigative industry, to constitute a disqualification for a private investigator to be issued a license;
(5) Must not have been convicted of any drug offense;
(6) Must meet and maintain the qualifications set and approved by the Board of Examiners.
§1320. Armored Car Guard Business Licensee, License Requirements.
An applicant applying for a license, to own and operate an Armored Car Guard business, shall have the following qualifications:
(1) Must be at least 25 years of age;
(1) Must have at least four (4) years of experience as a manager in a bona fide armored car agency;
(2) Must not have been convicted of any felony;
(3) Must not have been convicted of any misdemeanor involving moral turpitude or theft or any misdemeanor that, in the discretion of the Board, bears such a relationship to the performance of armored car services, as to constitute a disqualification for an armored car guard, and/or licensee to be issued a license;
(4) Must not have been convicted of any drug offense;
(5) Must meet and maintain the qualifications set and approved by the Board of Examiners;
(1) Must have been issued a license by the Banking Commissioner pursuant to Title 5, Chapter 32, Section 3203.
§1321. Firearms.
(a) It shall be unlawful for anyone licensed, under this Chapter, to carry a concealed deadly weapon as defined in Title 11, Section 1442, unless they have been issued a concealed deadly weapons permit.
(b) It shall be unlawful for anyone licensed, under this Chapter, to carry any type of weapon unless the Board has approved the use of such weapon and, if approved, the person has been trained in the use of such weapon, by a Board—approved instructor.
(c) It shall be unlawful for an individual, employed as a security guard, to carry a firearm during the course of performing their duties as a security guard, if they have not been issued a Commissioned Security Guard license.
(a) It shall be unlawful for any person to hire or employ an individual or for any individual to accept employment, in the capacity of a security guard, to carry a firearm in the course and scope of his/her duties unless the security guard has been issued a commissioned security guard license.
(a) It shall be unlawful for a Commissioned Security Guard to carry a firearm unless:
(1) The security guard is engaged in the performance of his/her duties as a security officer or is engaged in traveling directly to or from his/her place of assignment; and
(2) The security guard is wearing a distinctive uniform indicating that he or she is a security guard; and
(3) Such uniform has a distinctive patch that Indicates the company by whom he or she is employed; and
(1) The firearm is in plain view; and (5) The firearm is the type of weapon that the Commissioned Security Guard qualified with pursuant to this Chapter.
§1322. Change of Address.
Notification shall be made to the Board of Examiners within 14 days after the change of address of any individual licensed under this Chapter."
Section 4. Amend §1306, Chapter 13, Title 24, Delaware Code, by
redesignating said section as "§1323" and adding new subsections §§1324 through 1329 to read as follows:
"§1324. Identification Card.
Anyone required to be licensed under this Chapter shall be issued, by the Board of Examiners, an identification card which shall be valid for two (2) years from the date of issue.
§1325. Possession of Identification Card.
Any person who has been issued an identification card by the Board of Examiners shall be required to have such card in their possession while in the performance of his or her duties.
§1326. Notification of Arrest.
Anyone licensed under this Chapter shall, excluding weekends and State holidays, notify the Board of Examiners within 24 hours of any arrest which could result in a misdemeanor or felony conviction. Failure to do so may result in the suspension or revocation of a license.
§1327. Insurance.
Any person who applies for a license to own or operate a Private Investigations Company, Private Security Agency or Armored Car Agency shall file, with the Board, a surety bond and certificate of insurance in the amount set forth by the Board of Examiners.
§1328. License Fee.
Any individual, firm, association, corporation or company may be charged an application fee as set forth by the Board of Examiners which shall not exceed $200 per year.
§1329. License Requirements and Submission of Fingerprints.
No person shall engage in the business of a private investigator, investigations company, security service contractor, security guard, guard company, armored car company, courier company, or armored car guard without first obtaining a license from the Detective Licensing Unit, Division of State Police.
No person will be issued a license 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."
Section 5. Amend §§1307, 1308, 1312 and 1313, Chapter 13, Title 24,
Delaware Code, by striking said subsections in their entirety; further amend §§1309, 1310, and 1311, Chapter 13, Title 24, Delaware Code, by redesignating each §§1330, 1331 and 1332 respectively.
Section 6. Amend §§1314, 1315, 1316 and 1317, Chapter 13, Title 24,
Delaware Code, by redesignating said sections as §§1333, 1334, 1335 and 1336 respectively and by striking the word "Superintendent" as it appears therein and substituting the words "Board of Examiners".
Section 7. Amend §§1318, 13119, 1320, Chapter 13, Title 24, Delaware Code, by redesignating said sections as "§§1337, 1338," and "1339" respectively,
Section 8. Amend §1321, Chapter 13, Title 24, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section that reads as follows:
"§1340. Reports of Convictions for Violations of This Chapter.
Anyone licensed pursuant to §§13T8, 1319, or 1320 of this Chapter shall file a report with the Board of Examiners within 10 days of any conviction for a violation of any provision of this Chapter of any employee licensed pursuant to this Chapter."
Section 9. Amend §1322, Chapter 13, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following section:
"§1341. Maintenance of Office in State; Manager; Telephone Listing.
Any licensee pursuant to §§1318, 1319, or 1320 of this Chapter shall maintain an office within the State, which office shall be supervised by a manager licensed pursuant to this Chapter and who shall be a resident of the State. The office shall maintain a Delaware area code telephone listing through which an officer or employee of the licensee may be reached at any period in which the license is in effect."
Section 10. Licenses issued under any other law of this State prior to the enactment of this Act, authorizing the conduct of a private detective business or the business of a private detective or investigator, shall continue in force until the expiration thereof, but such licensees in all other respects shall be subject to this Chapter.
Section 11. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or the applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.
Approved June 27, 1994.