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SPONSOR: Sen. Hoffner & Rep. Romer & Rep. Harris & Rep. Carson
& Rep. D. Short
Reps. Cooke, K. Williams
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 325
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIRE PREVENTION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend Chapter 66, Title 16 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows and by redesignating accordingly:
3 § 6601A. Definitions.
4 As used in this chapter:
5 (1) “Applicant” means an individual who seeks to serve as a member under this chapter.
6 (2) “Approved subsidiary” includes an auxiliary operating under the same tax identification number as a
7 volunteer fire or ambulance company.
8 (3) “Commission”, capitalized, means the State Fire Prevention Commission.
9 (4) “EMS company” means an emergency medical services company in this State.
10 (5) “Entity”, capitalized, means a fire company, ambulance company, approved subsidiary of a volunteer fire
11 company or ambulance company, the Smyrna American Legion Ambulance, the Georgetown American Legion
12 Ambulance, or the Mid-Sussex Rescue Squad.
13 (6) “FBI” means the Federal Bureau of Investigation.
14 (7) “Fire company” means a fire company, fire department, or substation in this State that the Commission
15 authorizes under § 6607 of this title or Title 1 DE Admin. Code 709.
16 (8) “Member” means an individual who is a member of a fire company or EMS company as a firefighter,
17 regardless of whether the individual’s service is voluntary or the individual receives compensation.
18 (9) “SBI” means the State Bureau of Identification.
19 Section 2. Amend § 6604, Title 16 of the Delaware Code by making deletions as shown by strike through and
20 insertions as shown by underline as follows and by redesignating accordingly:
21 § 6604. State Fire Prevention Commission — Powers and duties.
22 The State Fire Prevention Commission shall have authority to: The Commission shall do all of the following:
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23 (18) If an individual obtains a background check under § 6647(b) of this title, the State Bureau of
24 Identification shall provide all of the following to the Commission:
25 a. Any subsequent state criminal history record information of the individual.
26 b. Any subsequent criminal history record information of the individual available through the “Rap Back
27 System” as defined under § 8502 of Title 11, if the Rap Back System is available.
28 Receive and review each criminal history record under § 6647A of this title to assure compliance with this
29 chapter and notify the appropriate Entity if either of the following occur:
30 a. An applicant or member violates this chapter.
31 b. An applicant’s or member’s criminal history records under § 6647A of this title disqualifies the
32 applicant or member from membership with an Entity.
33 (23) Receive and review notification of an arrest of an applicant or member.
34 (24) Notify the appropriate Entity that an applicant or member is arrested, if the arrest is related to an offense
35 listed under § 6647(a) of this title.
36 (27) Promulgate regulations to implement §§ 6647 and 6647A of this title.
37 Section 3. Amend § 6646, Title 16 of the Delaware Code by making deletions as shown by strike through and
38 insertions as shown by underline as follows:
39 § 6646. Definitions. [Repealed.]
40 “Member” means a volunteer firefighter of a Delaware volunteer fire department, as certified by the Delaware
41 State Fire Prevention Commission.
42 Section 4. Amend § 6647, Title 16 of the Delaware Code by making deletions as shown by strike through and
43 insertions as shown by underline as follows:
44 § 6647. Membership requirements for volunteer firefighters. Review of criminal history records.
45 (a) A member or an applicant for membership in a Delaware volunteer fire department who has been convicted of
46 or, had that member or applicant been charged as a juvenile, adjudicated delinquent of any of the crimes listed under
47 paragraphs (b)(1) and (b)(2) of this section, is prohibited from serving as a firefighter in this State.
48 (1)-(5) [Repealed.]
49 (1) An applicant or member is prohibited from serving as member in this State if the applicant or member has
50 been convicted of, charged as a juvenile with, or adjudicated delinquent as a juvenile relating to any of the following:
51 a. A felony.
52 b. A local, state, or federal criminal offense involving any of the following:
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53 1. Theft.
54 2. Embezzlement.
55 3. Fraud.
56 4. Reckless burning.
57 5. Endangering, resisting arrest, or offensive touching when the victim is acting in the lawful
58 performance of the victim’s duty as any of the following:
59 A. A law-enforcement officer, including a Delaware State Fire Police Officer.
60 B. An employee of a hospital or nursing home.
61 C. A physician, medical professional, emergency medical responder (EMR), emergency medical
62 technician (EMT), advanced EMT, or paramedic.
63 D. A correctional officer.
64 E. A member.
65 6. A sex crime, including sexual harassment, unlawful sexual contact of any degree, or lewdness in
66 the first degree.
67 7. A crime involving a controlled substance or designer drug, including unlawful possession or
68 distribution of, or intent to unlawfully possess or distribute, a controlled substance in Schedules I through V of
69 the Uniform Controlled Substances Act of Chapter 47 of this title.
70 8. A crime of another state, territory, or jurisdiction which is the same or equivalent to a crime listed
71 in this subsection (a) of this section.
72 (2) An applicant or member is prohibited from serving as member in this State if the applicant or member is
73 required by law to register as a sex offender.
74 (b) Membership in a Delaware volunteer fire department, Entity, after a state and federal background check, must
75 be is denied or revoked if the applicant or member has been convicted or, if that applicant or member was charged as a
76 juvenile, has been adjudicated delinquent of any of the following crimes, except in under subsection (a) of this section
77 unless extraordinary circumstances: circumstances exist.
78 (1) Any crime for which the applicant is currently incarcerated, on work release, on probation, or on parole;
79 (2) Any crime in the following categories, unless at least 5 years have passed since the applicant’s or
80 member’s conviction or at least 5 years have passed since the applicant or member was released from custodial
81 confinement, whichever occurs later:
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82 a. A serious crime of violence against a person, such as assault with a dangerous weapon, aggravated
83 assault, murder or attempted murder, manslaughter (other than involuntary manslaughter), kidnapping, or robbery
84 of any degree;
85 b. A crime involving a controlled substance or designer drug, including unlawful possession or
86 distribution of, or intent to unlawfully possess or distribute, a controlled substance in Schedules I through V of the
87 Uniform Controlled Substances Act of Chapter 47 of this title;
88 c. A serious crime involving property, such as burglary, embezzlement, or insurance fraud;
89 d. Any crime involving sexual misconduct;
90 e. A crime of another state, territory, or jurisdiction which is the same or equivalent to the offenses
91 described in paragraphs (b)(2)a. through d. of this section.
92 (3) (1) In extraordinary circumstances, as defined under Regulation 709 of Title 1 of the Delaware
93 Administrative Code, membership may be granted under this subsection (b) of this section only if the applicant or
94 member establishes by clear and convincing evidence that the applicant’s membership or member’s continued
95 membership will not jeopardize public health or safety.
96 (2) The Commission may review on its own an applicant’s or member’s membership to determine if
97 extraordinary circumstances exist, or the applicant or member may apply for a waiver based on extraordinary
98 circumstances. The applicant or member may apply for a waiver if the Entity agrees to participate in the applicant’s or
99 member’s waiver process. If the Entity agrees to participate in the waiver process, the Entity shall appear before the
100 Commission with the applicant or member.
101 (3) Membership granted based on the existence of extraordinary circumstances may include specified
102 restrictions when appropriate.
103 (c) No An applicant for membership in a Delaware volunteer fire department shall or member may not be charged
104 any a fee or cost for obtaining criminal history information from the State Bureau of Identification for the application.
105 (d) An applicant for membership in a Delaware volunteer fire department or member who knowingly provides
106 false, incomplete, or inaccurate criminal history information, or who otherwise knowingly violates a provision of this
107 subchapter, is guilty of a class G felony. In addition to a term of imprisonment of up to 2 years, the court shall impose a fine
108 of no less than $1,000 which may not be suspended.
109 (e) The State Fire Prevention Commission shall adopt regulations to implement the provisions of this subchapter.
110 The regulations must include, as part of the application form for membership in a Delaware volunteer fire department, a
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111 dated and signed statement by the applicant swearing to or affirming the following, if the following is true. If it is not true,
112 the applicant must explain in writing what is not true and why it is not true.
113 “I have never been convicted of an offense that constitutes any of the crimes set forth in 16 Del. C. § 6647 or any
114 similar offense under any federal, state, or local law. I hereby certify that the statements contained in this application are
115 true and correct to the best of my knowledge and belief. I understand that if I knowingly make any false statement in this
116 application, I am subject to penalties prescribed by law, including denial or revocation of membership in the volunteer fire
117 department and a mandatory fine of at least $1,000 or a term of imprisonment of up to 2 years, or both.”
118 (f) An applicant for membership in a Delaware volunteer fire department or member who is denied membership or
119 whose membership is revoked because of the requirements of under this subchapter may appeal the denial or revocation to
120 the State Fire Prevention Commission within 15 days of written notification of the denial or revocation by the volunteer fire
121 department. revocation. An appeal under this subsection must be held in accordance with conducted under the appropriate
122 provisions of the Administrative Procedures Act, Chapter 101 of Title 29, and is subject to judicial review under subchapter
123 V of Chapter 101 of Title 29.
124 (g) An applicant or member is not prohibited from serving as a member in this State if the applicant or member is
125 on probation or probation before judgment for an offense that is not listed in subsection (a) of this section.
126 (h) The Commission shall notify the appropriate Entity if an applicant or member is prohibited from serving as a
127 member of an Entity because of a history related to a crime listed in subsection (a) of this section. The Commission may
128 not share with the Entity the details of the criminal history record that prohibits the applicant or member from serving as a
129 member. The Commission may share with the Entity only that the applicant or member is prohibited from serving as a
130 member. The applicant or member may provide the applicant’s or member’s criminal history record directly to the
131 appropriate Entity if the applicant or member wishes.
132 (1) The Commission shall immediately notify in writing the applicant or member that the applicant’s or
133 member’s criminal history record includes an offense under subsection (a) of this section that prohibits the applicant or
134 member from serving an Entity. The notification must be personally served on the applicant or member, or sent by
135 certified mail, return receipt requested, to the applicant’s or member’s last known address.
136 (2) The Commission shall immediately notify in writing each Entity that the applicant seeks to serve or the
137 member serves that the applicant or member is prohibited from serving as a member of the Entity. The notification
138 must be sent by certified mail, return receipt requested, to the Entity’s physical address.
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139 Section 5. Amend Chapter 66, Title 16 of the Delaware Code by making deletions as shown by strike through and
140 insertions as shown by underline as follows:
141 § 6647A. Criminal history records.
142 (a) Each of the following individuals shall complete requests for state and federal criminal history record reports:
143 (1) An applicant for membership as a member.
144 (2) An individual who is a member and has interactions with the public, as of [the date of this Act’s
145 enactment].
146 (b) Criminal history records. An individual listed under subsection (a) of this section who is required to obtain a
147 criminal history record report under § 6647 of this title must submit fingerprints and other necessary information to the
148 State Bureau of Identification in order to obtain a Delaware and national criminal history record report through all of the
149 following:
150 (1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a
151 statement from the SBI that the State Bureau of Identification Central Repository contains no such information relating
152 to that individual.
153 (2) A report of the individual’s entire federal criminal history record under the Federal Bureau of Investigation
154 appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534) or a statement that the FBI’s records contain no such
155 information relating to that individual.
156 (3) The State Bureau of Identification is the intermediary for the purpose of this section and must forward all
157 information required by subsections (a) through (c) of this section to the Commission and provide a copy of all the
158 information to the individual who is the subject of the information.
159 (4) The Commission may use an individual’s state criminal history record under subsection (b)(1) of this
160 section or national criminal history record under subsection (b)(2) of this section only to consider the individual’s
161 background, qualifications, and suitability for registration as a member under this chapter.
162 (c) If an applicant or member obtains a criminal history record under this section, the State Bureau of
163 Identification shall provide all of the following to the Commission:
164 (1) The applicant’s or member’s subsequent state criminal history record, if any.
165 (2) The applicant’s or member’s subsequent state criminal history record, if any, that is available through the
166 Rap Back System as defined under § 8502 of Title 11, if the Rap Back System is available.
167 (d) Confidentiality. Information contained in a criminal history record obtained under this section is confidential
168 and may not be disclosed except as follows:
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169 (1) The State Bureau of Identification may release an individual’s subsequent criminal history to the
170 Commission when properly requested.
171 (2) The Commission shall review all information that is forwarded to the Commission under this section with
172 the applicant or member upon the applicant’s or member’s request.
173 Section 6. An individual who, on [the date of enactment of this Act], is serving as a member in this State must
174 obtain criminal history records under Chapter 66 of Title 16 no more than 24 months after [the date of enactment of this
175 Act], and is not exempt from the applicability of §§ 6647 or 6647A of Title 16.
SYNOPSIS
This Act defines terms used in Chapter 66, Title 16 of the Delaware Code for clarity. It also provides the State Fire
Prevention Commission with the authority to receive and review criminal history records of applicants and members to
determine whether the applicant or member is prohibited from serving as a member of a fire company. An applicant or
member is not qualified to serve as a member if the individual’s criminal history record includes a crime listed in this Act,
including felonies, specified financial or property crimes, sex crimes, specified crimes against a victim who is acting in the
lawful performance of the victim’s duty, or crimes involving controlled substances or designer drugs.
This Act updates the criminal history record language in Chapter 66, Title 16 to ensure Delaware law meets the
requirements of the Federal Bureau of Investigation in requesting federal criminal history records.
This Act also makes technical corrections to make existing law conform to the standards of the Delaware
Legislative Drafting Manual.
Author: Senator Hoffner
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