SPONSOR:	Sen. Bunting

DELAWARE STATE SENATE

142nd GENERAL ASSEMBLY

SENATE BILL NO. 258

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES.

Section 1. Amend § 1315, Title 24 of the Delaware Code, by striking the section heading thereof and by substituting in lieu thereof the following:

“§ 1315. Commissioned security guards and armored car guards; license requirements.”

Section 2. Amend § 1315, Chapter 13, Title 24 of the Delaware Code, by redesignating the existing language thereof as subsection “(a)” and by adding thereto a new subsection as follows:

“(b) An applicant applying to be licensed as an armored car guard must meet the same qualifications as a commissioned security guard.”

Section 3. Amend § 1302, Title 24 of the Delaware Code, by adding thereto a new paragraph as follows:

“(20) ‘Repossession agent’ or ‘recovery agent’ means any individual, corporation or business which repossesses or retrieves any goods, or any item or article of personal property from the current holder or possessor of such property for delivery to the lawful owner, or other person who has greater rights in such property.”

Section 4. Amend Chapter 13, Title 24 of the Delaware Code by striking § 1317 thereof in its entirety and by substituting in lieu thereof a new section as follows:

“§ 1317. Repossession agent; license requirements.

(a) No individual or other person shall engage in the business of the repossession or recovery of property; or act as, or perform any of the services of a repossession agent or recovery agent; or advertise a business to be a repossession business in this State without having first been licensed as a repossession agent under the applicable provisions of this Chapter.

(b) An applicant applying to be licensed as a repossession agent must meet and maintain the following requirements:

(1) The applicant must be at least eighteen years of age;

(2) The applicant must not have been convicted of any felony;

(3) The applicant must not have been convicted of any misdemeanor involving moral turpitude;

(4) The applicant must not have been convicted of any misdemeanor involving an act of theft, or involving illegal drugs;

(5) The applicant must not be a member or employee of any law enforcement organization, as defined by the Council on Police Training;

(6) The applicant must meet all qualifications set and approved by the Board;

(7) If the applicant served in the armed forces, such applicant must have been discharged under honorable conditions.”