HB22 • 2025

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

Education

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: K. Williams
Last action: 2025-04-14
Official status: Signed 4/14/25
Effective date: Not listed

Plain English Breakdown

The official source material did not provide specific details on training requirements or the effective date of the act.

Act Giving Constables Traffic Directing Authority

The act gives commissioned constables the authority to direct, control, or regulate vehicle and pedestrian traffic while performing their job duties and adds them to a list of authorized traffic controllers.

What This Bill Does

Gives commissioned constables the authority to direct, control, or regulate vehicle and pedestrian traffic when they are doing so as part of their job.
Adds commissioned 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.

Who It Names or Affects

Commissioned constables
People driving or walking on roads where constables are directing traffic

Terms To Know

Constable: A law enforcement officer who has specific duties and powers, including now the ability to direct traffic.
Authorized Traffic Controller: Someone legally allowed to direct or control vehicle and pedestrian traffic on roads.

Limits and Unknowns

The effective date of this act is not specified in the provided information.
It does not specify how constables will be trained for directing traffic.

Bill History

2025-04-14 Delaware General Assembly
Signed by Governor
2025-03-26 Delaware General Assembly
Passed By Senate. Votes: 21 YES
2025-03-19 Delaware General Assembly
Reported Out of Committee (Education) in Senate with 5 On Its Merits
2025-01-28 Delaware General Assembly
Passed By House. Votes: 36 YES 5 ABSENT
2025-01-28 Delaware General Assembly
Assigned to Education Committee in Senate
2025-01-22 Delaware General Assembly
Reported Out of Committee (Education) in House with 2 Favorable, 14 On Its Merits
2024-12-19 Delaware General Assembly
Introduced and Assigned to Education Committee in House

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

Read the full stored 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.