DOVER, Del. — A Delaware bill aimed at strengthening criminal background checks for volunteer firefighters is moving through the General Assembly, but a newly added amendment would narrow who must undergo screening and who would be automatically barred from serving.
Supporters say Senate Bill 325 would close a longstanding gap in Delaware's current background check process by requiring both state and federal criminal history checks for many volunteer fire company members.
According to the Delaware Volunteer Firefighters Association, Delaware has long required state-level background checks, but those checks do not capture criminal histories from other states.
"The Delaware fire service has been working hand-in-hand with legislative sponsors for several years to get this background check policy right, and SB 325 strikes the exact balance we need," Executive Manager Jay Jones said in a statement. "While Delaware has long required state-level background checks, the old process left a glaring loophole: it could not track out-of-state criminal histories for applicants moving into our communities. By combining state and federal checks, SB 325 finally closes that gap."
The bill would also expand participation in the FBI's continuous "Rap Back" system, which notifies agencies if someone with a completed background check is later arrested or convicted of a disqualifying offense.
"The most critical mechanism in this bill is the expansion of the continuous 'Rap Back' system," Jones said. "Traditional checks are just a single snapshot in time. By bringing the fire service into the same continuous monitoring system already successfully utilized by Delaware EMTs, we ensure that if a member commits a disqualifying offense down the road, it is automatically flagged and can be addressed immediately."
However, House Amendment 1 would make several significant changes to the legislation.
Rather than automatically disqualifying anyone convicted of any felony, the amendment would limit automatic disqualification to people convicted of violent felonies as defined under Delaware law.
The amendment also narrows who must undergo background checks. New applicants and current members who interact with the public would still be required to complete state and federal background checks. However, inactive lifetime members, inactive honorary members and associate members who do not respond to emergencies, handle department finances or interact with the public on public safety matters would generally be exempt unless the State Fire Prevention Commission determines a background check is necessary.
In addition, the amendment would require that requests for extraordinary circumstance waivers be reviewed confidentially in executive session and delay implementation of the law until 180 days after its enactment.
Jones said the changes appropriately focus the requirements on members whose duties directly affect the public.
"Finally, thanks to recent common-sense amendments, the scope of these requirements is properly tailored to members with a public-facing presence, those handling department funds, or those voting on fiscal matters," Jones said. "This protects the privacy of limited roles while keeping the focus entirely on public safety and fiscal accountability. The fire service strongly supports the passage of SB 325."
Some Delawareans said they support requiring thorough background checks for firefighters.
"I think that basically whoever is serving in their capacity as a firefighter should be investigated, whether it's a new hire or somebody that's been existing," said David Fish.
Janet McFarland agreed, saying, "I wouldn't want felons coming into my home."
Supporters also note the legislation would continue having the state pay for the cost of background checks, preventing volunteer and career fire companies from absorbing additional expenses.
Senate Bill 325, as amended, has not yet received a final floor vote in the General Assembly.
