Delaware 2023-2024 Regular Session

Delaware Senate Bill SB285 Latest Draft

Bill / Draft Version

                            SPONSOR:      Sen. Brown & Rep. Schwartzkopf       Sens. Gay, Mantzavinos, Pinkney, Walsh, Wilson; Reps. Bolden, Dukes, Yearick           DELAWARE STATE SENATE   152nd GENERAL ASSEMBLY       SENATE BILL NO. 285       AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO RESIDENCY REQUIREMENTS FOR JUSTICE OF THE PEACE COURT CONSTABLES.      

     

     SPONSOR:      Sen. Brown & Rep. Schwartzkopf       Sens. Gay, Mantzavinos, Pinkney, Walsh, Wilson; Reps. Bolden, Dukes, Yearick     

SPONSOR: Sen. Brown & Rep. Schwartzkopf
Sens. Gay, Mantzavinos, Pinkney, Walsh, Wilson; Reps. Bolden, Dukes, Yearick

 SPONSOR:  

 Sen. Brown & Rep. Schwartzkopf 

 Sens. Gay, Mantzavinos, Pinkney, Walsh, Wilson; Reps. Bolden, Dukes, Yearick 

   

 DELAWARE STATE SENATE 

 152nd GENERAL ASSEMBLY 

   

 SENATE BILL NO. 285 

   

 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO RESIDENCY REQUIREMENTS FOR JUSTICE OF THE PEACE COURT CONSTABLES. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:   Section 1. Amend 2805, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:     2805. Residence requirement.   Every justice of the peace constable appointed pursuant to this chapter shall reside within the State. If the constable removes from the State, the office shall thereupon become vacant.      

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

 Section 1. Amend 2805, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:  

  2805. Residence requirement. 

 Every justice of the peace constable appointed pursuant to this chapter shall reside within the State. If the constable removes from the State, the office shall thereupon become vacant. 

   

  SYNOPSIS   This bill eliminates the requirement that Justice of the Peace Court constables reside within the State of Delaware. The residency requirement was established when Constables were independent officers, and had their own bonding requirements and penalties for failure to do the business of the Court. Constables are now employees of the Justice of the Peace Court and the residency requirement is no longer needed. The removal of the requirement will allow the Justice of the Peace Court to recruit from a larger pool of candidates and to retain existing trained and skilled employees.    Author: Senator Brown  

 SYNOPSIS 

 This bill eliminates the requirement that Justice of the Peace Court constables reside within the State of Delaware. The residency requirement was established when Constables were independent officers, and had their own bonding requirements and penalties for failure to do the business of the Court. Constables are now employees of the Justice of the Peace Court and the residency requirement is no longer needed. The removal of the requirement will allow the Justice of the Peace Court to recruit from a larger pool of candidates and to retain existing trained and skilled employees.  

 Author: Senator Brown