CHAPTER 13. PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES
§ 1301. Short title.
This chapter may be cited as the "Private Investigators and Private Security Agencies Act."
69 Del. Laws, c. 285, § 1.;
§ 1302. Definitions.
As used in this chapter, unless the context requires a different definition:
(1) "Armored car company" or "agency" means any person that provides secured transportation and protection from 1 place or
point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry or other valuables.
(2) "Board" means the Delaware Board of Examiners of Private Investigators and Private Security Agencies.
(3) "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.
(4) "Commissioned security officer" means any security officer to whom a security officer commission has been issued by the
Board.
(5) "Computer forensic specialist", means persons who interpret, evaluate, test, or analyze pre-existing data from computers,
computer systems, networks, or other electronic media, provided to them by another person where that person owns, controls,
or possesses said computer, computer systems, networks, or electronic media.
(6) "Deadly weapon" has the meaning given in the definition of "deadly weapon" in § 222 of Title 11.
(7) "Director" means the officer in charge of the Professional Licensing Section of the Division of the Delaware State Police.
(8) "Firearm" has the meaning given in § 222 of Title 11.
(9) "Guard company" or "agency" means any person engaging in the business of or undertaking to provide a private watchperson,
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;
b. Prevention, observation or detection of any unauthorized activity 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.
(10) "Investigator" or "agency" means any person who engages in the business or accepts employment to obtain or furnish information
with reference to:
a. Crime or wrongs done or threatened against the United States of America or any state or territory of the United States
of America;
b. 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;
c. The location, disposition or recovery of lost or stolen property;
d. The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property;
e. The securing of evidence to be used before any court, board, officer, or investigating committee; or
f. "Investigator" or "agency" shall not include any person employed as a computer forensic specialist.
(11) "License" means a permit granted by the Board entitling a person to operate as a security services contractor or investigations
company.
(12) "Licensee" means any person to whom a license is granted under this chapter.
(13) "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.
(14) "Person" includes individual, firm, association, company, partnership, corporation, nonprofit organization, institution,
or similar entity.
(15) "Private investigator" means any person who performs 1 or more services as described under the definition of investigator.
(16) "Registration" means a permit granted by the Board to an individual to perform the duties as described in this chapter.
(17) "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.
(18) "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 watchperson, security patrol, armored car guard or courier guard.
(19) "Security officer commission" means an authorization granted by the Board to an individual employed as a security officer
to carry a firearm.
(20) "Security services contractor" means any guard company, armored car company or courier company as defined herein.
69 Del. Laws, c. 285, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 423, §§ 1-4; 77 Del. Laws, c. 457, § 1.;
§ 1303. Engaging in business as private detective without license; penalty.
(a) Any individual or business who fails to obtain the license required by § 1329 of this title shall be subject to the penalties
set forth in paragraph (b) of this section below.
(b) Whoever violates this section shall be fined not more than $500 or imprisoned not more than 1 year or both.
24 Del. C. 1953, § 1302; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 372, § 1.;
§ 1304. Board of examiners of private investigators and private security agencies.
(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 Professional Licensing Section, 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 [Chapter 101 of Title 29].
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 this chapter.
69 Del. Laws, c. 285, § 3; 77 Del. Laws, c. 457, § 2.;
§ 1305. Board membership; eligibility.
(a) The Board is composed of the following members:
(1) The Superintendent of the Division of State Police or a designated representative;
(2) The Attorney General or a designated representative;
(3) Three public members shall be appointed by the Governor, who are residents of the State of Delaware;
(4) Two members shall be appointed by the Governor, who are licensed under this chapter, who have been engaged for a period
of 5 consecutive years as a private investigator and who are not employed by the same person as any other member of the Board;
(5) Two members shall be appointed by the Governor, who are licensed under this chapter, who have been engaged for a period
of 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;
b. Has operated for at least 5 consecutive years as a guard company; and
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 for
appointment to the Board;
(2) 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;
(3) Violates a prohibition established in subsection (b) of this section;
(4) 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
(5) 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 ground for removal exists, the Director shall notify the Chairperson of the
Board of the ground. The Chairperson 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 June 27, 1994, shall continue to serve
the balance of their term.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 347, § 1.;
§ 1306. Terms of office.
Members appointed to the Board serve 3-year terms, however, no member can serve more than 2 consecutive terms. If a member
has served 2 consecutive terms, the member may be reappointed providing that the member has not served for 3 years prior to
the member's last appointment.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;
§ 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 for
each meeting attended; provided however, that no Board member shall receive more than $500 in any given calendar year.
69 Del. Laws, c. 285, § 3.;
§ 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.
(b) No witness is privileged to refuse to testify to any fact or produce any paper respecting which the witness is properly
examined by the officer conducting the hearing.
If a witness refuses to obey a subpoena or give any evidence relevant to proper 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 the Director's 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 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.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 285, § 3.;
§ 1310. Emergency suspension.
(a) The Director shall be granted the power to impose an emergency suspension or cease and desist order on any person or business
licensed under this chapter or should be 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.
(b) 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 10 days from the date that the request for a hearing is received by the Director, provided
that the violating party request such a hearing, in writing, to the Director within 5 days of the suspension. With the consent
of the person or business requesting a hearing, the hearing may be scheduled at the next quarterly meeting of the Board.
69 Del. Laws, c. 285, § 3; 76 Del. Laws, c. 245, §§ 4, 5; 76 Del. Laws, c. 246, §§ 1, 2.;
§ 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 consumed or has been impaired
by alcohol or any controlled substance while on duty working in a capacity regulated by this chapter; 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 Board.
(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, per day, for each violation.
(e) The Board may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title
11 for the purposes of licensing any individual pursuant to this chapter.
69 Del. Laws, c. 285, § 3; 73 Del. Laws, c. 252, § 13; 75 Del. Laws, c. 372, § 2.;
§ 1312. Organization 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.
69 Del. Laws, c. 285, § 3.;
§ 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.
69 Del. Laws, c. 285, § 3.;
§ 1314. Security guard license requirements.
Anyone who wishes to be licensed, under this Chapter, as a noncommissioned security guard, must meet and maintain the following
requirements:
(1) Must be at least 18 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;
(6) If served in the armed forces, must not have been discharged other than honorable conditions;
(7) Must not be a member or employee of any law enforcement organization, as defined by the Council of Police Training;
(8) Must meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3; 71 Del. Laws, c. 186, § 1.;
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.
Anyone who wishes to be licensed as a private investigator, under this chapter, must meet and maintain the following requirements:
(1) Be at least 21 years of age;
(2) Not have been convicted of any felony;
(3) 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) Not have been convicted of any drug offense;
(5) Meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3.;
§ 1317. Armored car guard license requirements.
Must meet same qualifications as a commissioned security guard.
69 Del. Laws, c. 285, § 3.;
§ 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) Be at least 25 years of age;
(2) Have at least 4 years of experience as a manager in a bona fide licensed security agency or must have at least 5 years
investigative experience or must have been a police officer for any local, state or federal agency or the equivalent thereof
who has graduated from a certified law enforcement academy;
(3) Not have been convicted of any felony;
(4) 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;
(5) Not have been convicted of any drug offense;
(6) Meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 591, § 1.;
§ 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) Be at least 25 years of age;
(2) Have at least 5 years investigative experience or must have been a police officer for any local, state or federal agency
or the equivalent thereof who has graduated from a certified law enforcement academy;
(3) Not have been convicted of any felony;
(4) 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) Not have been convicted of any drug offense;
(6) Meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 591, § 1.;
§ 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) Be at least 25 years of age;
(2) Have at least 4 years of experience as a manager in a bona fide armored car agency;
(3) Not have been convicted of any felony;
(4) 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;
(5) Not have been convicted of any drug offense;
(6) Meet and maintain the qualifications set and approved by the Board of Examiners;
(7) Have been issued a license by the Banking Commissioner pursuant to § 3203 of Title 5.
69 Del. Laws, c. 285, § 3.;
§ 1321. Firearms.
(a) It shall be unlawful for anyone licensed, under this chapter, to carry a concealed deadly weapon as defined in § 1442
of Title 11, 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.
(d) 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 employment duties unless the security guard has
been issued a commissioned security guard license.
(e) It shall be unlawful for a commissioned security guard to carry a firearm unless:
(1) The security guard is engaged in the performance of duties as a security officer or is engaged in traveling directly to
or from a place of assignment;
(2) The security guard is wearing a distinctive uniform indicating that the person is a security guard;
(3) Such uniform has a distinctive patch that indicates the company by whom the person is employed;
(4) 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.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 285, § 3.;
§ 1323. Change in membership or address or location of business; authorization of new location.
(a) In the event of any change in the membership of the firm or in the officers or directors of any association or corporation
or any change in the address of any office or location of such business, the Superintendent shall be notified in writing of
such change within 5 days thereafter. Failure to give such notification shall be sufficient cause for revocation of the license.
(b) Upon written application to the Superintendent setting forth a proposed change in the location of any office or place
of business of the licensee as set forth in the license, the Superintendent may authorize a new location for any such office
or place of business. In such case, the licensee shall produce to the Superintendent the license and all copies thereof to
the end that the Superintendent may either endorse thereon such change of location or issue a new license as of the same date
as the original license in lieu of the license so surrendered.
24 Del. C. 1953, § 1306; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 186, § 1.;
§ 1324. Identification card.
Anyone required to be licensed under this chapter shall be issued, by the Board of Examiners, an identification card which
shall expire and be renewable on the fifth anniversary date of the birth of the applicant next following the date of its issuance,
unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every fifth
year.
69 Del. Laws, c. 285, § 4; 73 Del. Laws, c. 369, § 1.;
§ 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 the person's duties.
69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 285, § 4.;
§ 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.
69 Del. Laws, c. 285, § 4.;
§ 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 $600 per year.
69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 591, § 1.;
§ 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
Professional Licensing Section, 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 [42 U.S.C. § 250a].
69 Del. Laws, c. 285, § 4; 77 Del. Laws, c. 457, § 3.;
§ 1330. Posting of license; offenses; penalty.
(a) Before any applicant shall exercise any rights under the license issued to the applicant, such license, or a certified
copy thereof, shall be posted and at all times thereafter while the same is in force be displayed in a conspicuous place in
the principal office and in each bureau, agency, subagency, office or branch office for which it is issued.
(b) No person holding any license issued by the Superintendent under this chapter shall:
(1) Post or permit such license to be posted upon premises other than those described therein or to which it may be transferred
pursuant to this chapter;
(2) Fail to maintain such license in a conspicuous place in such offices or places of business; or
(3) Knowingly alter, deface or destroy any such license or permit the alteration, defacement or destruction thereof.
24 Del. C. 1953, § 1309; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1331. Surrender of expired, revoked or suspended licenses; penalty.
Any person to whom a license may be issued in accordance with this chapter shall surrender such license and all duplicate
copies thereof which have expired or have been revoked, suspended or surrendered.
24 Del. C. 1953, § 1310; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5.;
§ 1332. Loss or destruction of license.
If any license or certified copy thereof issued by the Superintendent is lost or destroyed, notice of such loss or destruction
shall be given to the Superintendent forthwith, and the Superintendent may, at the Superintendent's discretion, issue a duplicate
or certified copy thereof.
24 Del. C. 1953, § 1311; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1333. Identification card; wearing of badges or shields; offenses; surrender of card; penalty.
(a) For the purpose of identification of persons engaged in the conduct of a private detective business as private detective
or private investigator, each such person shall carry and show when requested an identification card, which shall be issued
by the Superintendent at the time of initial issuance of license. For the purpose of identification of employees of a private
detective business, upon examination of employee's statement and fingerprint cards, the Superintendent shall furnish an employee's
identification card.
(b) No person licensed under this chapter or the officers, directors, employees, operators or agents thereof shall wear, carry
or accept any badge or shield purporting to indicate that such person is a private detective or investigator or connected
with a private detective business, but any such person, officer, director, employee, operator or agent who is acting as a
guard or performs any such service may, while in uniform and while on the premises of the employer of the licensee where the
guard is so acting, wear a badge or shield inscribed with the license holder's name and the word "guard" or "special guard."
(c) No person licensed under this chapter shall issue identification cards to any person other than a bona fide employee or
shall sell, issue, rent, loan or distribute badges or membership cards indicating that the holder thereof is a private detective
or investigator or is engaged in the private detective business to any person or persons other than those lawfully entitled
to such identification cards.
(d) Any person to whom an identification card has been issued in accordance with this chapter, shall surrender the identification
card to the Board:
(1) Upon termination of employment; or
(2) Upon suspension or revocation by the Board.
(e) Whoever violates this section shall be fined not more than $50.
24 Del. C. 1953, § 1314; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, §§ 10, 11; 65 Del. Laws, c. 376, § 4; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1334. Disclosure of information by employees prohibited; false report or statement to employer; penalty.
(a) Any person who may be or has been employed by the holder of a license under this chapter shall not divulge to anyone other
than the employer, or in such manner and to such person as the employer directs, any information acquired by the employee
during such employment in respect to any work to which the employee shall have been assigned by such employer, except as such
disclosure may be required by this chapter or in connection with any investigation of a licensee by the Superintendent or
as may be required by constituted authority or under process of law.
(b) No person shall violate this section, and no person, being an employee of a licensed private detective business, shall
wilfully make a false report or statement to the employer in respect to any matter or thing connected with the employment.
24 Del. C. 1953, § 1315; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1335. Regulation of advertising.
(a) The Superintendent shall promulgate such rules and regulations, upon notice to the public in general, as the Superintendent
deems necessary to avoid advertising techniques, cards or other forms of publication which will mislead the public as to any
matter that relates to a private detective business. The Superintendent shall further have the authority to order any private
detective business to comply with these rules and regulations.
(b) Failure to comply with any order of the Superintendent pursuant to subsection (a) of this section shall be cause for revocation
of the license of the licensee.
24 Del. C. 1953, § 1316; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, § 12; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1336. Reciprocity; licenses under prior laws.
(a) Any person, firm, association or corporation incorporated or licensed under the laws of any other state of the United
States and intending to conduct a private detective business or act as a private detective or investigator within this State
shall file in the office of the Superintendent a written application duly signed and verified and obtain from the Superintendent
a license as provided in this chapter and shall be subject to all the provisions of this chapter.
(b) Licenses issued under any other law of this State prior to June 20, 1955, 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.
24 Del. C. 1953, § 1317; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 6.;
§ 1337. Carrying of concealed weapons by licensees.
No person licensed as a private detective or in the employ of any detective or agency shall carry a concealed deadly weapon
unless the person is so licensed in accordance with the laws of this State.
24 Del. C. 1953, § 1318; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 7; 70 Del. Laws, c. 186, § 1.;
§ 1338. Enforcement of chapter; jurisdiction.
All police agencies and law enforcement officers of this State may carry out this chapter and enforce compliance therewith.
Justices of the Peace Courts shall have jurisdiction over violations under this chapter.
24 Del. C. 1953, § 1319; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, § 14; 69 Del. Laws, c. 285, § 7.;
§ 1339. Violation of chapter as ground for revocation of license.
A violation of this chapter shall be cause for revocation of any license issued thereunder, notwithstanding that the same
violation may constitute a misdemeanor or felony.
24 Del. C. 1953, § 1320; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 7.;
§ 1340. Reports of convictions for violations of this chapter.
Anyone licensed pursuant to § 1318, § 1319 or § 1320 of this title 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.
24 Del. C. 1953, § 1321; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 8.;
§ 1341. Maintenance of office in state; manager; telephone listing.
Any licensee pursuant to § 1318, § 1319 or § 1320 of this title shall maintain an office within the State, which office shall
be supervised by a manager licensed pursuant to this chapter. 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.
63 Del. Laws, c. 47, § 13; 69 Del. Laws, c. 285, § 9; 72 Del. Laws, c. 427, § 1.;
CHAPTER 13. PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES
§ 1301. Short title.
This chapter may be cited as the "Private Investigators and Private Security Agencies Act."
69 Del. Laws, c. 285, § 1.;
§ 1302. Definitions.
As used in this chapter, unless the context requires a different definition:
(1) "Armored car company" or "agency" means any person that provides secured transportation and protection from 1 place or
point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry or other valuables.
(2) "Board" means the Delaware Board of Examiners of Private Investigators and Private Security Agencies.
(3) "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.
(4) "Commissioned security officer" means any security officer to whom a security officer commission has been issued by the
Board.
(5) "Computer forensic specialist", means persons who interpret, evaluate, test, or analyze pre-existing data from computers,
computer systems, networks, or other electronic media, provided to them by another person where that person owns, controls,
or possesses said computer, computer systems, networks, or electronic media.
(6) "Deadly weapon" has the meaning given in the definition of "deadly weapon" in § 222 of Title 11.
(7) "Director" means the officer in charge of the Professional Licensing Section of the Division of the Delaware State Police.
(8) "Firearm" has the meaning given in § 222 of Title 11.
(9) "Guard company" or "agency" means any person engaging in the business of or undertaking to provide a private watchperson,
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;
b. Prevention, observation or detection of any unauthorized activity 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.
(10) "Investigator" or "agency" means any person who engages in the business or accepts employment to obtain or furnish information
with reference to:
a. Crime or wrongs done or threatened against the United States of America or any state or territory of the United States
of America;
b. 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;
c. The location, disposition or recovery of lost or stolen property;
d. The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property;
e. The securing of evidence to be used before any court, board, officer, or investigating committee; or
f. "Investigator" or "agency" shall not include any person employed as a computer forensic specialist.
(11) "License" means a permit granted by the Board entitling a person to operate as a security services contractor or investigations
company.
(12) "Licensee" means any person to whom a license is granted under this chapter.
(13) "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.
(14) "Person" includes individual, firm, association, company, partnership, corporation, nonprofit organization, institution,
or similar entity.
(15) "Private investigator" means any person who performs 1 or more services as described under the definition of investigator.
(16) "Registration" means a permit granted by the Board to an individual to perform the duties as described in this chapter.
(17) "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.
(18) "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 watchperson, security patrol, armored car guard or courier guard.
(19) "Security officer commission" means an authorization granted by the Board to an individual employed as a security officer
to carry a firearm.
(20) "Security services contractor" means any guard company, armored car company or courier company as defined herein.
69 Del. Laws, c. 285, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 423, §§ 1-4; 77 Del. Laws, c. 457, § 1.;
§ 1303. Engaging in business as private detective without license; penalty.
(a) Any individual or business who fails to obtain the license required by § 1329 of this title shall be subject to the penalties
set forth in paragraph (b) of this section below.
(b) Whoever violates this section shall be fined not more than $500 or imprisoned not more than 1 year or both.
24 Del. C. 1953, § 1302; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 372, § 1.;
§ 1304. Board of examiners of private investigators and private security agencies.
(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 Professional Licensing Section, 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 [Chapter 101 of Title 29].
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 this chapter.
69 Del. Laws, c. 285, § 3; 77 Del. Laws, c. 457, § 2.;
§ 1305. Board membership; eligibility.
(a) The Board is composed of the following members:
(1) The Superintendent of the Division of State Police or a designated representative;
(2) The Attorney General or a designated representative;
(3) Three public members shall be appointed by the Governor, who are residents of the State of Delaware;
(4) Two members shall be appointed by the Governor, who are licensed under this chapter, who have been engaged for a period
of 5 consecutive years as a private investigator and who are not employed by the same person as any other member of the Board;
(5) Two members shall be appointed by the Governor, who are licensed under this chapter, who have been engaged for a period
of 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;
b. Has operated for at least 5 consecutive years as a guard company; and
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 for
appointment to the Board;
(2) 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;
(3) Violates a prohibition established in subsection (b) of this section;
(4) 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
(5) 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 ground for removal exists, the Director shall notify the Chairperson of the
Board of the ground. The Chairperson 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 June 27, 1994, shall continue to serve
the balance of their term.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 347, § 1.;
§ 1306. Terms of office.
Members appointed to the Board serve 3-year terms, however, no member can serve more than 2 consecutive terms. If a member
has served 2 consecutive terms, the member may be reappointed providing that the member has not served for 3 years prior to
the member's last appointment.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;
§ 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 for
each meeting attended; provided however, that no Board member shall receive more than $500 in any given calendar year.
69 Del. Laws, c. 285, § 3.;
§ 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.
(b) No witness is privileged to refuse to testify to any fact or produce any paper respecting which the witness is properly
examined by the officer conducting the hearing.
If a witness refuses to obey a subpoena or give any evidence relevant to proper 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 the Director's 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 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.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 285, § 3.;
§ 1310. Emergency suspension.
(a) The Director shall be granted the power to impose an emergency suspension or cease and desist order on any person or business
licensed under this chapter or should be 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.
(b) 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 10 days from the date that the request for a hearing is received by the Director, provided
that the violating party request such a hearing, in writing, to the Director within 5 days of the suspension. With the consent
of the person or business requesting a hearing, the hearing may be scheduled at the next quarterly meeting of the Board.
69 Del. Laws, c. 285, § 3; 76 Del. Laws, c. 245, §§ 4, 5; 76 Del. Laws, c. 246, §§ 1, 2.;
§ 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 consumed or has been impaired
by alcohol or any controlled substance while on duty working in a capacity regulated by this chapter; 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 Board.
(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, per day, for each violation.
(e) The Board may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title
11 for the purposes of licensing any individual pursuant to this chapter.
69 Del. Laws, c. 285, § 3; 73 Del. Laws, c. 252, § 13; 75 Del. Laws, c. 372, § 2.;
§ 1312. Organization 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.
69 Del. Laws, c. 285, § 3.;
§ 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.
69 Del. Laws, c. 285, § 3.;
§ 1314. Security guard license requirements.
Anyone who wishes to be licensed, under this Chapter, as a noncommissioned security guard, must meet and maintain the following
requirements:
(1) Must be at least 18 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;
(6) If served in the armed forces, must not have been discharged other than honorable conditions;
(7) Must not be a member or employee of any law enforcement organization, as defined by the Council of Police Training;
(8) Must meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3; 71 Del. Laws, c. 186, § 1.;
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.
Anyone who wishes to be licensed as a private investigator, under this chapter, must meet and maintain the following requirements:
(1) Be at least 21 years of age;
(2) Not have been convicted of any felony;
(3) 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) Not have been convicted of any drug offense;
(5) Meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3.;
§ 1317. Armored car guard license requirements.
Must meet same qualifications as a commissioned security guard.
69 Del. Laws, c. 285, § 3.;
§ 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) Be at least 25 years of age;
(2) Have at least 4 years of experience as a manager in a bona fide licensed security agency or must have at least 5 years
investigative experience or must have been a police officer for any local, state or federal agency or the equivalent thereof
who has graduated from a certified law enforcement academy;
(3) Not have been convicted of any felony;
(4) 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;
(5) Not have been convicted of any drug offense;
(6) Meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 591, § 1.;
§ 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) Be at least 25 years of age;
(2) Have at least 5 years investigative experience or must have been a police officer for any local, state or federal agency
or the equivalent thereof who has graduated from a certified law enforcement academy;
(3) Not have been convicted of any felony;
(4) 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) Not have been convicted of any drug offense;
(6) Meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 591, § 1.;
§ 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) Be at least 25 years of age;
(2) Have at least 4 years of experience as a manager in a bona fide armored car agency;
(3) Not have been convicted of any felony;
(4) 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;
(5) Not have been convicted of any drug offense;
(6) Meet and maintain the qualifications set and approved by the Board of Examiners;
(7) Have been issued a license by the Banking Commissioner pursuant to § 3203 of Title 5.
69 Del. Laws, c. 285, § 3.;
§ 1321. Firearms.
(a) It shall be unlawful for anyone licensed, under this chapter, to carry a concealed deadly weapon as defined in § 1442
of Title 11, 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.
(d) 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 employment duties unless the security guard has
been issued a commissioned security guard license.
(e) It shall be unlawful for a commissioned security guard to carry a firearm unless:
(1) The security guard is engaged in the performance of duties as a security officer or is engaged in traveling directly to
or from a place of assignment;
(2) The security guard is wearing a distinctive uniform indicating that the person is a security guard;
(3) Such uniform has a distinctive patch that indicates the company by whom the person is employed;
(4) 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.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 285, § 3.;
§ 1323. Change in membership or address or location of business; authorization of new location.
(a) In the event of any change in the membership of the firm or in the officers or directors of any association or corporation
or any change in the address of any office or location of such business, the Superintendent shall be notified in writing of
such change within 5 days thereafter. Failure to give such notification shall be sufficient cause for revocation of the license.
(b) Upon written application to the Superintendent setting forth a proposed change in the location of any office or place
of business of the licensee as set forth in the license, the Superintendent may authorize a new location for any such office
or place of business. In such case, the licensee shall produce to the Superintendent the license and all copies thereof to
the end that the Superintendent may either endorse thereon such change of location or issue a new license as of the same date
as the original license in lieu of the license so surrendered.
24 Del. C. 1953, § 1306; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 186, § 1.;
§ 1324. Identification card.
Anyone required to be licensed under this chapter shall be issued, by the Board of Examiners, an identification card which
shall expire and be renewable on the fifth anniversary date of the birth of the applicant next following the date of its issuance,
unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every fifth
year.
69 Del. Laws, c. 285, § 4; 73 Del. Laws, c. 369, § 1.;
§ 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 the person's duties.
69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 285, § 4.;
§ 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.
69 Del. Laws, c. 285, § 4.;
§ 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 $600 per year.
69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 591, § 1.;
§ 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
Professional Licensing Section, 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 [42 U.S.C. § 250a].
69 Del. Laws, c. 285, § 4; 77 Del. Laws, c. 457, § 3.;
§ 1330. Posting of license; offenses; penalty.
(a) Before any applicant shall exercise any rights under the license issued to the applicant, such license, or a certified
copy thereof, shall be posted and at all times thereafter while the same is in force be displayed in a conspicuous place in
the principal office and in each bureau, agency, subagency, office or branch office for which it is issued.
(b) No person holding any license issued by the Superintendent under this chapter shall:
(1) Post or permit such license to be posted upon premises other than those described therein or to which it may be transferred
pursuant to this chapter;
(2) Fail to maintain such license in a conspicuous place in such offices or places of business; or
(3) Knowingly alter, deface or destroy any such license or permit the alteration, defacement or destruction thereof.
24 Del. C. 1953, § 1309; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1331. Surrender of expired, revoked or suspended licenses; penalty.
Any person to whom a license may be issued in accordance with this chapter shall surrender such license and all duplicate
copies thereof which have expired or have been revoked, suspended or surrendered.
24 Del. C. 1953, § 1310; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5.;
§ 1332. Loss or destruction of license.
If any license or certified copy thereof issued by the Superintendent is lost or destroyed, notice of such loss or destruction
shall be given to the Superintendent forthwith, and the Superintendent may, at the Superintendent's discretion, issue a duplicate
or certified copy thereof.
24 Del. C. 1953, § 1311; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1333. Identification card; wearing of badges or shields; offenses; surrender of card; penalty.
(a) For the purpose of identification of persons engaged in the conduct of a private detective business as private detective
or private investigator, each such person shall carry and show when requested an identification card, which shall be issued
by the Superintendent at the time of initial issuance of license. For the purpose of identification of employees of a private
detective business, upon examination of employee's statement and fingerprint cards, the Superintendent shall furnish an employee's
identification card.
(b) No person licensed under this chapter or the officers, directors, employees, operators or agents thereof shall wear, carry
or accept any badge or shield purporting to indicate that such person is a private detective or investigator or connected
with a private detective business, but any such person, officer, director, employee, operator or agent who is acting as a
guard or performs any such service may, while in uniform and while on the premises of the employer of the licensee where the
guard is so acting, wear a badge or shield inscribed with the license holder's name and the word "guard" or "special guard."
(c) No person licensed under this chapter shall issue identification cards to any person other than a bona fide employee or
shall sell, issue, rent, loan or distribute badges or membership cards indicating that the holder thereof is a private detective
or investigator or is engaged in the private detective business to any person or persons other than those lawfully entitled
to such identification cards.
(d) Any person to whom an identification card has been issued in accordance with this chapter, shall surrender the identification
card to the Board:
(1) Upon termination of employment; or
(2) Upon suspension or revocation by the Board.
(e) Whoever violates this section shall be fined not more than $50.
24 Del. C. 1953, § 1314; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, §§ 10, 11; 65 Del. Laws, c. 376, § 4; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1334. Disclosure of information by employees prohibited; false report or statement to employer; penalty.
(a) Any person who may be or has been employed by the holder of a license under this chapter shall not divulge to anyone other
than the employer, or in such manner and to such person as the employer directs, any information acquired by the employee
during such employment in respect to any work to which the employee shall have been assigned by such employer, except as such
disclosure may be required by this chapter or in connection with any investigation of a licensee by the Superintendent or
as may be required by constituted authority or under process of law.
(b) No person shall violate this section, and no person, being an employee of a licensed private detective business, shall
wilfully make a false report or statement to the employer in respect to any matter or thing connected with the employment.
24 Del. C. 1953, § 1315; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1335. Regulation of advertising.
(a) The Superintendent shall promulgate such rules and regulations, upon notice to the public in general, as the Superintendent
deems necessary to avoid advertising techniques, cards or other forms of publication which will mislead the public as to any
matter that relates to a private detective business. The Superintendent shall further have the authority to order any private
detective business to comply with these rules and regulations.
(b) Failure to comply with any order of the Superintendent pursuant to subsection (a) of this section shall be cause for revocation
of the license of the licensee.
24 Del. C. 1953, § 1316; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, § 12; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1336. Reciprocity; licenses under prior laws.
(a) Any person, firm, association or corporation incorporated or licensed under the laws of any other state of the United
States and intending to conduct a private detective business or act as a private detective or investigator within this State
shall file in the office of the Superintendent a written application duly signed and verified and obtain from the Superintendent
a license as provided in this chapter and shall be subject to all the provisions of this chapter.
(b) Licenses issued under any other law of this State prior to June 20, 1955, 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.
24 Del. C. 1953, § 1317; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 6.;
§ 1337. Carrying of concealed weapons by licensees.
No person licensed as a private detective or in the employ of any detective or agency shall carry a concealed deadly weapon
unless the person is so licensed in accordance with the laws of this State.
24 Del. C. 1953, § 1318; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 7; 70 Del. Laws, c. 186, § 1.;
§ 1338. Enforcement of chapter; jurisdiction.
All police agencies and law enforcement officers of this State may carry out this chapter and enforce compliance therewith.
Justices of the Peace Courts shall have jurisdiction over violations under this chapter.
24 Del. C. 1953, § 1319; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, § 14; 69 Del. Laws, c. 285, § 7.;
§ 1339. Violation of chapter as ground for revocation of license.
A violation of this chapter shall be cause for revocation of any license issued thereunder, notwithstanding that the same
violation may constitute a misdemeanor or felony.
24 Del. C. 1953, § 1320; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 7.;
§ 1340. Reports of convictions for violations of this chapter.
Anyone licensed pursuant to § 1318, § 1319 or § 1320 of this title 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.
24 Del. C. 1953, § 1321; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 8.;
§ 1341. Maintenance of office in state; manager; telephone listing.
Any licensee pursuant to § 1318, § 1319 or § 1320 of this title shall maintain an office within the State, which office shall
be supervised by a manager licensed pursuant to this chapter. 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.
63 Del. Laws, c. 47, § 13; 69 Del. Laws, c. 285, § 9; 72 Del. Laws, c. 427, § 1.;
CHAPTER 13. PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES
§ 1301. Short title.
This chapter may be cited as the "Private Investigators and Private Security Agencies Act."
69 Del. Laws, c. 285, § 1.;
§ 1302. Definitions.
As used in this chapter, unless the context requires a different definition:
(1) "Armored car company" or "agency" means any person that provides secured transportation and protection from 1 place or
point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry or other valuables.
(2) "Board" means the Delaware Board of Examiners of Private Investigators and Private Security Agencies.
(3) "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.
(4) "Commissioned security officer" means any security officer to whom a security officer commission has been issued by the
Board.
(5) "Computer forensic specialist", means persons who interpret, evaluate, test, or analyze pre-existing data from computers,
computer systems, networks, or other electronic media, provided to them by another person where that person owns, controls,
or possesses said computer, computer systems, networks, or electronic media.
(6) "Deadly weapon" has the meaning given in the definition of "deadly weapon" in § 222 of Title 11.
(7) "Director" means the officer in charge of the Professional Licensing Section of the Division of the Delaware State Police.
(8) "Firearm" has the meaning given in § 222 of Title 11.
(9) "Guard company" or "agency" means any person engaging in the business of or undertaking to provide a private watchperson,
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;
b. Prevention, observation or detection of any unauthorized activity 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.
(10) "Investigator" or "agency" means any person who engages in the business or accepts employment to obtain or furnish information
with reference to:
a. Crime or wrongs done or threatened against the United States of America or any state or territory of the United States
of America;
b. 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;
c. The location, disposition or recovery of lost or stolen property;
d. The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property;
e. The securing of evidence to be used before any court, board, officer, or investigating committee; or
f. "Investigator" or "agency" shall not include any person employed as a computer forensic specialist.
(11) "License" means a permit granted by the Board entitling a person to operate as a security services contractor or investigations
company.
(12) "Licensee" means any person to whom a license is granted under this chapter.
(13) "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.
(14) "Person" includes individual, firm, association, company, partnership, corporation, nonprofit organization, institution,
or similar entity.
(15) "Private investigator" means any person who performs 1 or more services as described under the definition of investigator.
(16) "Registration" means a permit granted by the Board to an individual to perform the duties as described in this chapter.
(17) "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.
(18) "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 watchperson, security patrol, armored car guard or courier guard.
(19) "Security officer commission" means an authorization granted by the Board to an individual employed as a security officer
to carry a firearm.
(20) "Security services contractor" means any guard company, armored car company or courier company as defined herein.
69 Del. Laws, c. 285, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 423, §§ 1-4; 77 Del. Laws, c. 457, § 1.;
§ 1303. Engaging in business as private detective without license; penalty.
(a) Any individual or business who fails to obtain the license required by § 1329 of this title shall be subject to the penalties
set forth in paragraph (b) of this section below.
(b) Whoever violates this section shall be fined not more than $500 or imprisoned not more than 1 year or both.
24 Del. C. 1953, § 1302; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 372, § 1.;
§ 1304. Board of examiners of private investigators and private security agencies.
(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 Professional Licensing Section, 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 [Chapter 101 of Title 29].
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 this chapter.
69 Del. Laws, c. 285, § 3; 77 Del. Laws, c. 457, § 2.;
§ 1305. Board membership; eligibility.
(a) The Board is composed of the following members:
(1) The Superintendent of the Division of State Police or a designated representative;
(2) The Attorney General or a designated representative;
(3) Three public members shall be appointed by the Governor, who are residents of the State of Delaware;
(4) Two members shall be appointed by the Governor, who are licensed under this chapter, who have been engaged for a period
of 5 consecutive years as a private investigator and who are not employed by the same person as any other member of the Board;
(5) Two members shall be appointed by the Governor, who are licensed under this chapter, who have been engaged for a period
of 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;
b. Has operated for at least 5 consecutive years as a guard company; and
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 for
appointment to the Board;
(2) 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;
(3) Violates a prohibition established in subsection (b) of this section;
(4) 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
(5) 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 ground for removal exists, the Director shall notify the Chairperson of the
Board of the ground. The Chairperson 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 June 27, 1994, shall continue to serve
the balance of their term.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 347, § 1.;
§ 1306. Terms of office.
Members appointed to the Board serve 3-year terms, however, no member can serve more than 2 consecutive terms. If a member
has served 2 consecutive terms, the member may be reappointed providing that the member has not served for 3 years prior to
the member's last appointment.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;
§ 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 for
each meeting attended; provided however, that no Board member shall receive more than $500 in any given calendar year.
69 Del. Laws, c. 285, § 3.;
§ 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.
(b) No witness is privileged to refuse to testify to any fact or produce any paper respecting which the witness is properly
examined by the officer conducting the hearing.
If a witness refuses to obey a subpoena or give any evidence relevant to proper 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 the Director's 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 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.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 285, § 3.;
§ 1310. Emergency suspension.
(a) The Director shall be granted the power to impose an emergency suspension or cease and desist order on any person or business
licensed under this chapter or should be 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.
(b) 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 10 days from the date that the request for a hearing is received by the Director, provided
that the violating party request such a hearing, in writing, to the Director within 5 days of the suspension. With the consent
of the person or business requesting a hearing, the hearing may be scheduled at the next quarterly meeting of the Board.
69 Del. Laws, c. 285, § 3; 76 Del. Laws, c. 245, §§ 4, 5; 76 Del. Laws, c. 246, §§ 1, 2.;
§ 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 consumed or has been impaired
by alcohol or any controlled substance while on duty working in a capacity regulated by this chapter; 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 Board.
(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, per day, for each violation.
(e) The Board may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title
11 for the purposes of licensing any individual pursuant to this chapter.
69 Del. Laws, c. 285, § 3; 73 Del. Laws, c. 252, § 13; 75 Del. Laws, c. 372, § 2.;
§ 1312. Organization 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.
69 Del. Laws, c. 285, § 3.;
§ 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.
69 Del. Laws, c. 285, § 3.;
§ 1314. Security guard license requirements.
Anyone who wishes to be licensed, under this Chapter, as a noncommissioned security guard, must meet and maintain the following
requirements:
(1) Must be at least 18 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;
(6) If served in the armed forces, must not have been discharged other than honorable conditions;
(7) Must not be a member or employee of any law enforcement organization, as defined by the Council of Police Training;
(8) Must meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3; 71 Del. Laws, c. 186, § 1.;
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.
Anyone who wishes to be licensed as a private investigator, under this chapter, must meet and maintain the following requirements:
(1) Be at least 21 years of age;
(2) Not have been convicted of any felony;
(3) 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) Not have been convicted of any drug offense;
(5) Meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3.;
§ 1317. Armored car guard license requirements.
Must meet same qualifications as a commissioned security guard.
69 Del. Laws, c. 285, § 3.;
§ 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) Be at least 25 years of age;
(2) Have at least 4 years of experience as a manager in a bona fide licensed security agency or must have at least 5 years
investigative experience or must have been a police officer for any local, state or federal agency or the equivalent thereof
who has graduated from a certified law enforcement academy;
(3) Not have been convicted of any felony;
(4) 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;
(5) Not have been convicted of any drug offense;
(6) Meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 591, § 1.;
§ 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) Be at least 25 years of age;
(2) Have at least 5 years investigative experience or must have been a police officer for any local, state or federal agency
or the equivalent thereof who has graduated from a certified law enforcement academy;
(3) Not have been convicted of any felony;
(4) 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) Not have been convicted of any drug offense;
(6) Meet and maintain the qualifications set and approved by the Board of Examiners.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 591, § 1.;
§ 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) Be at least 25 years of age;
(2) Have at least 4 years of experience as a manager in a bona fide armored car agency;
(3) Not have been convicted of any felony;
(4) 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;
(5) Not have been convicted of any drug offense;
(6) Meet and maintain the qualifications set and approved by the Board of Examiners;
(7) Have been issued a license by the Banking Commissioner pursuant to § 3203 of Title 5.
69 Del. Laws, c. 285, § 3.;
§ 1321. Firearms.
(a) It shall be unlawful for anyone licensed, under this chapter, to carry a concealed deadly weapon as defined in § 1442
of Title 11, 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.
(d) 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 employment duties unless the security guard has
been issued a commissioned security guard license.
(e) It shall be unlawful for a commissioned security guard to carry a firearm unless:
(1) The security guard is engaged in the performance of duties as a security officer or is engaged in traveling directly to
or from a place of assignment;
(2) The security guard is wearing a distinctive uniform indicating that the person is a security guard;
(3) Such uniform has a distinctive patch that indicates the company by whom the person is employed;
(4) 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.
69 Del. Laws, c. 285, § 3; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 285, § 3.;
§ 1323. Change in membership or address or location of business; authorization of new location.
(a) In the event of any change in the membership of the firm or in the officers or directors of any association or corporation
or any change in the address of any office or location of such business, the Superintendent shall be notified in writing of
such change within 5 days thereafter. Failure to give such notification shall be sufficient cause for revocation of the license.
(b) Upon written application to the Superintendent setting forth a proposed change in the location of any office or place
of business of the licensee as set forth in the license, the Superintendent may authorize a new location for any such office
or place of business. In such case, the licensee shall produce to the Superintendent the license and all copies thereof to
the end that the Superintendent may either endorse thereon such change of location or issue a new license as of the same date
as the original license in lieu of the license so surrendered.
24 Del. C. 1953, § 1306; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 186, § 1.;
§ 1324. Identification card.
Anyone required to be licensed under this chapter shall be issued, by the Board of Examiners, an identification card which
shall expire and be renewable on the fifth anniversary date of the birth of the applicant next following the date of its issuance,
unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every fifth
year.
69 Del. Laws, c. 285, § 4; 73 Del. Laws, c. 369, § 1.;
§ 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 the person's duties.
69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 186, § 1.;
§ 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.
69 Del. Laws, c. 285, § 4.;
§ 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.
69 Del. Laws, c. 285, § 4.;
§ 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 $600 per year.
69 Del. Laws, c. 285, § 4; 70 Del. Laws, c. 591, § 1.;
§ 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
Professional Licensing Section, 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 [42 U.S.C. § 250a].
69 Del. Laws, c. 285, § 4; 77 Del. Laws, c. 457, § 3.;
§ 1330. Posting of license; offenses; penalty.
(a) Before any applicant shall exercise any rights under the license issued to the applicant, such license, or a certified
copy thereof, shall be posted and at all times thereafter while the same is in force be displayed in a conspicuous place in
the principal office and in each bureau, agency, subagency, office or branch office for which it is issued.
(b) No person holding any license issued by the Superintendent under this chapter shall:
(1) Post or permit such license to be posted upon premises other than those described therein or to which it may be transferred
pursuant to this chapter;
(2) Fail to maintain such license in a conspicuous place in such offices or places of business; or
(3) Knowingly alter, deface or destroy any such license or permit the alteration, defacement or destruction thereof.
24 Del. C. 1953, § 1309; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1331. Surrender of expired, revoked or suspended licenses; penalty.
Any person to whom a license may be issued in accordance with this chapter shall surrender such license and all duplicate
copies thereof which have expired or have been revoked, suspended or surrendered.
24 Del. C. 1953, § 1310; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5.;
§ 1332. Loss or destruction of license.
If any license or certified copy thereof issued by the Superintendent is lost or destroyed, notice of such loss or destruction
shall be given to the Superintendent forthwith, and the Superintendent may, at the Superintendent's discretion, issue a duplicate
or certified copy thereof.
24 Del. C. 1953, § 1311; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1333. Identification card; wearing of badges or shields; offenses; surrender of card; penalty.
(a) For the purpose of identification of persons engaged in the conduct of a private detective business as private detective
or private investigator, each such person shall carry and show when requested an identification card, which shall be issued
by the Superintendent at the time of initial issuance of license. For the purpose of identification of employees of a private
detective business, upon examination of employee's statement and fingerprint cards, the Superintendent shall furnish an employee's
identification card.
(b) No person licensed under this chapter or the officers, directors, employees, operators or agents thereof shall wear, carry
or accept any badge or shield purporting to indicate that such person is a private detective or investigator or connected
with a private detective business, but any such person, officer, director, employee, operator or agent who is acting as a
guard or performs any such service may, while in uniform and while on the premises of the employer of the licensee where the
guard is so acting, wear a badge or shield inscribed with the license holder's name and the word "guard" or "special guard."
(c) No person licensed under this chapter shall issue identification cards to any person other than a bona fide employee or
shall sell, issue, rent, loan or distribute badges or membership cards indicating that the holder thereof is a private detective
or investigator or is engaged in the private detective business to any person or persons other than those lawfully entitled
to such identification cards.
(d) Any person to whom an identification card has been issued in accordance with this chapter, shall surrender the identification
card to the Board:
(1) Upon termination of employment; or
(2) Upon suspension or revocation by the Board.
(e) Whoever violates this section shall be fined not more than $50.
24 Del. C. 1953, § 1314; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, §§ 10, 11; 65 Del. Laws, c. 376, § 4; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1334. Disclosure of information by employees prohibited; false report or statement to employer; penalty.
(a) Any person who may be or has been employed by the holder of a license under this chapter shall not divulge to anyone other
than the employer, or in such manner and to such person as the employer directs, any information acquired by the employee
during such employment in respect to any work to which the employee shall have been assigned by such employer, except as such
disclosure may be required by this chapter or in connection with any investigation of a licensee by the Superintendent or
as may be required by constituted authority or under process of law.
(b) No person shall violate this section, and no person, being an employee of a licensed private detective business, shall
wilfully make a false report or statement to the employer in respect to any matter or thing connected with the employment.
24 Del. C. 1953, § 1315; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1335. Regulation of advertising.
(a) The Superintendent shall promulgate such rules and regulations, upon notice to the public in general, as the Superintendent
deems necessary to avoid advertising techniques, cards or other forms of publication which will mislead the public as to any
matter that relates to a private detective business. The Superintendent shall further have the authority to order any private
detective business to comply with these rules and regulations.
(b) Failure to comply with any order of the Superintendent pursuant to subsection (a) of this section shall be cause for revocation
of the license of the licensee.
24 Del. C. 1953, § 1316; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, § 12; 69 Del. Laws, c. 285, § 6; 70 Del. Laws, c. 186, § 1.;
§ 1336. Reciprocity; licenses under prior laws.
(a) Any person, firm, association or corporation incorporated or licensed under the laws of any other state of the United
States and intending to conduct a private detective business or act as a private detective or investigator within this State
shall file in the office of the Superintendent a written application duly signed and verified and obtain from the Superintendent
a license as provided in this chapter and shall be subject to all the provisions of this chapter.
(b) Licenses issued under any other law of this State prior to June 20, 1955, 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.
24 Del. C. 1953, § 1317; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 6.;
§ 1337. Carrying of concealed weapons by licensees.
No person licensed as a private detective or in the employ of any detective or agency shall carry a concealed deadly weapon
unless the person is so licensed in accordance with the laws of this State.
24 Del. C. 1953, § 1318; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 7; 70 Del. Laws, c. 186, § 1.;
§ 1338. Enforcement of chapter; jurisdiction.
All police agencies and law enforcement officers of this State may carry out this chapter and enforce compliance therewith.
Justices of the Peace Courts shall have jurisdiction over violations under this chapter.
24 Del. C. 1953, § 1319; 50 Del. Laws, c. 301, § 1; 63 Del. Laws, c. 47, § 14; 69 Del. Laws, c. 285, § 7.;
§ 1339. Violation of chapter as ground for revocation of license.
A violation of this chapter shall be cause for revocation of any license issued thereunder, notwithstanding that the same
violation may constitute a misdemeanor or felony.
24 Del. C. 1953, § 1320; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 7.;
§ 1340. Reports of convictions for violations of this chapter.
Anyone licensed pursuant to § 1318, § 1319 or § 1320 of this title 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.
24 Del. C. 1953, § 1321; 50 Del. Laws, c. 301, § 1; 69 Del. Laws, c. 285, § 8.;
§ 1341. Maintenance of office in state; manager; telephone listing.
Any licensee pursuant to § 1318, § 1319 or § 1320 of this title shall maintain an office within the State, which office shall
be supervised by a manager licensed pursuant to this chapter. 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.
63 Del. Laws, c. 47, § 13; 69 Del. Laws, c. 285, § 9; 72 Del. Laws, c. 427, § 1.;
