AN ACT TO AMEND TITLE 21 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CONSTABLES.

Plain English Breakdown

The official text mentions schools as an example of employers who may benefit from this change during busy times like pickup and drop-off, but does not explicitly list them as a group directly affected in the same way drivers or constables are.

HB22: Giving Commissioned Constables Authority to Direct Traffic

This law gives commissioned constables in Delaware the legal power to direct traffic while they are performing their lawful job duties.

What This Bill Does

• Adds 'commissioned constable' to the list of people who can legally control vehicle and pedestrian traffic under Title 21, Section 4103.
• Updates Title 24, Section 5609 to state that commissioned constables have the power to direct, control, or regulate traffic while performing lawful job duties.
• Requires drivers to obey lawful orders from these officials regarding traffic flow.
• Makes technical corrections to match existing laws with Delaware's official writing standards.

Who It Names or Affects

• Commissioned constables in the state of Delaware
• Drivers and pedestrians who must follow lawful directions from these officials

Terms To Know

Commissioned Constable

A specific type of law enforcement officer in Delaware officially appointed to serve.

Title 21 and Title 24

The sections of the official Delaware state laws that cover traffic rules and constable duties.

Limits and Unknowns

• Constables can only direct traffic while they are performing their lawful job duties.
• This law does not change a driver's general duty to drive safely around all people on the road.
• The official effective date is listed as blank in the provided text, though it was signed by the Governor.

Official Summary Text

AN ACT TO AMEND TITLE 21 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CONSTABLES.
This Act provides that commissioned constables have the authority to direct traffic, if they are doing so while in the performance of the lawful duties of employment. In addition to explicitly granting constables this power under § 5609 of Title 24, the Act adds constables to the list in § 4103 of Title 21 of persons invested by law with the authority to direct, control, or regulate vehicle and pedestrian traffic. These changes will enable constables to provide additional public safety support to employers such as schools, which may benefit from assistance with directing traffic during busy times of day such as pickup and drop off.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Current Bill Text

Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Mantzavinos

Reps. Burns, Carson, Cooke, Gorman, Gray, Morrison, Neal, Parker Selby, Romer, Ross Levin, D. Short, Shupe, Michael Smith, Yearick, Bush, Chukwuocha, S. Moore, Ortega, Heffernan; Sens. Hansen, Hocker, Hoffner, Sokola, Walsh, Lawson, Pettyjohn, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 22

AN ACT TO AMEND TITLE 21 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CONSTABLES.

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

Section 1. Amend § 4103, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline and redesignating accordingly as follows:

§ 4103. Obedience to authorized persons directing traffic.

(a)

(1)

No person shall wilfully fail or refuse to comply with any lawful order or direction of any

police officer or authorized flagperson or fire police officer or uniformed adult school crossing guard

of the following, who are

invested by law with authority to direct,

control

control,

or regulate vehicle and pedestrian

traffic.

traffic:

a. A police officer.

b. An authorized flagperson.

c. A fire police officer.

d. A uniformed adult school crossing guard.

e. A commissioned constable.

(2)

This subsection

shall

does

not operate to relieve a driver of the duty to operate the driver’s vehicle with due regard to the safety of all persons using the highway.

Section 2. Amend § 5609, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5609. Powers and duties of constables.

A commissioned constable shall:

(2) Exercise the same powers as peace officers and law-enforcement officers,

including the power to direct, control, or regulate vehicle and pedestrian traffic,

in order to protect life and property, while in the performance of the lawful duties of employment.

SYNOPSIS

This Act provides that commissioned constables have the authority to direct traffic, if they are doing so while in the performance of the lawful duties of employment. In addition to explicitly granting constables this power under § 5609 of Title 24, the Act adds constables to the list in § 4103 of Title 21 of persons invested by law with the authority to direct, control, or regulate vehicle and pedestrian traffic. These changes will enable constables to provide additional public safety support to employers such as schools, which may benefit from assistance with directing traffic during busy times of day such as pickup and drop off.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.