Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 2 R · 1 D cosponsors

HB 474 — AN ACT TO AMEND TITLES 10, 18, AND 24 OF THE DELAWARE CODE RELATING TO CONSTABLES.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 10, 2022. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    3 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

This bill restructures the governance of constables in Delaware.

The bill replaces the existing constable governance structure, adding a new Constable Board of Examiners and updating membership. It also clarifies constable authority and training requirements.

Summary

Under current Chapter 27 of Title 10 the Board of Examiners of Constables is charged with appointing constables and certifying their commissions as well as monitoring their training and in-service. Currently, there is no member on the Board who acts as a representative for constables. This bill removes the constable statute from Title 10 by deleting Chapter 27 in its entirety, and adding Chapter 56, as it relates to Constables, to Title 24 of the Code. This bill renames the Board “Constable Board of Examiners”, expands the number of Board members from 5 to 7 and replaces the current representative from the American Society of Industrial Security with 3 constables, 1 specifically employed with a higher education institution and 1 specifically employed with a healthcare institution. This bill also clarifies the authority of the Board and the powers and duties of constables. The Act also brings the Board’s process under Delaware’s Administrative Procedures Act. The Act grandfathers all currently commissioned constables, except requiring their compliance with all firearms training, until their present term expires. The Act also amends Title 18 to reflect that commissioned constables, as in current law, remain eligible for line-of-duty death benefits under this new Chapter.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill repeals Chapter 27 of Title 10 regarding constables and creates a new Chapter 56 in Title 24, establishing a new framework for the regulation and standards of constables in Delaware.

  • Title 10, Chapter 27

    CHAPTER 27. Constables

    Repeals the entire existing Chapter 27 on constables.

  • Title 10, Chapter 27

    § 2701. Appointment.

    Repeals the section outlining the appointment of constables.

  • Title 10, Chapter 27

    § 2702. Board of Examiners.

    Repeals the section that established the Board of Examiners for constables.

  • Title 10, Chapter 27

    § 2703. Qualification and training.

    Repeals the section defining the qualifications and training for constables.

  • Title 10, Chapter 27

    § 2704. Term of office; discharge.

    Repeals the section related to the term and discharge of constables.

  • Title 10, Chapter 27

    § 2705. Powers and duties.

    Repeals the section that detailed the powers and duties of constables.

  • Title 10, Chapter 27

    § 2706. Jurisdiction.

    Repeals the section explaining the jurisdiction of constables.

  • Title 10, Chapter 27

    § 2707. Oath.

    Repeals the requirement for constables to take an oath upon appointment.

  • Title 10, Chapter 27

    § 2708. Compensation.

    Repeals the provision concerning constable compensation.

  • Title 10, Chapter 27

    § 2709. Badges.

    Repeals the regulations concerning badges for constables.

  • Title 10, Chapter 27

    § 2710. Exclusion from coverage.

    Repeals the provision that constables are not covered by the Law-Enforcement Officers’ Bill of Rights.

  • Title 10, Chapter 27

    § 2701 – § 2710 [Repealed.]

    Confirms the repeal of all sections from § 2701 to § 2710.

  • Title 24

    CHAPTER 56. CONSTABLES.

    Creates a new chapter to regulate constables with new provisions.

  • Title 24

    § 5601. Objectives.

    Establishes a new section articulating the objectives of the new constable regulations.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 5 On Its Merits

  4. Assigned to Legislative Oversight & Sunset Committee in Senate

  5. Passed By House. Votes: 41 YES

  6. Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 3 Favorable, 2 On Its Merits

  7. Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

Sponsors

Sponsorship breakdown

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3 sponsors · 4 co-sponsors · 55 not signed on

Co-sponsors (4)

Not signed on (55)

55 members have not signed on to this bill.

Show all 55 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 16000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 474 do?
Under current Chapter 27 of Title 10 the Board of Examiners of Constables is charged with appointing constables and certifying their commissions as well as monitoring their training and in-service. Currently, there is no member on the Board who acts as a representative for constables. This bill removes the constable statute from Title 10 by deleting Chapter 27 in its entirety, and adding Chapter 56, as it relates to Constables, to Title 24 of the Code. This bill renames the Board “Constable Board of Examiners”, expands the number of Board members from 5 to 7 and replaces the current representative from the American Society of Industrial Security with 3 constables, 1 specifically employed with a higher education institution and 1 specifically employed with a healthcare institution. This bill also clarifies the authority of the Board and the powers and duties of constables. The Act also brings the Board’s process under Delaware’s Administrative Procedures Act. The Act grandfathers all currently commissioned constables, except requiring their compliance with all firearms training, until their present term expires. The Act also amends Title 18 to reflect that commissioned constables, as in current law, remain eligible for line-of-duty death benefits under this new Chapter.
Who sponsors HB 474?
HB 474 is sponsored by David L. Wilson (Republican), Edward S. Osienski (Democratic), Lyndon D. Yearick (Republican), Sean Matthews, Sherry Dorsey Walker, Bruce C. Ennis, and John L. Mitchell.
What is the current status of HB 474?
This bill has been enacted into law. Introduced June 10, 2022. Enacted.
Where can I track HB 474?
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