AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.

Plain English Breakdown

The official text confirms the bill passed both chambers but does not list a specific effective date.

HB104: Expanding Police Arrest Powers Across Delaware

This bill changes state laws to allow police officers to make arrests for serious crimes and specific traffic offenses anywhere in Delaware, even when they are off-duty.

What This Bill Does

• Allows an off-duty officer to arrest someone if the crime happens in their presence and creates a substantial risk of death or serious physical injury.
• Permits an off-duty officer to make arrests for certain traffic offenses committed in their presence only if they are driving a police vehicle with emergency lights and a siren on.
• Adds reckless driving, aggressive driving, and passing a stopped school bus to the list of crimes where an officer can arrest statewide upon seeing them occur.
• Requires officers acting outside their normal area to notify local police as soon as possible about the crime location and vehicle details if it involves specific traffic stops.
• Allows off-duty officers to execute arrest warrants anywhere in Delaware for offenses that happened within their own agency's jurisdiction.

Who It Names or Affects

• County and municipal police officers
• People committing serious crimes or specific traffic violations statewide

Terms To Know

Jurisdiction

The geographic area where a police officer has the legal power to enforce laws.

Off-duty

When an employee is not currently working their scheduled shift but remains employed by the agency.

Limits and Unknowns

• The bill does not state a specific date when these new rules will begin.
• Officers must still follow notification requirements if they act outside their normal work area, though 'as soon as practicable' is not defined by exact time limits.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.
This Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following:
(1) Enables an off-duty police officer to make arrests for offenses committed in the officer’s presence when the crime creates a substantial risk of death or serious physical injury to another person.
(2) Enables an off-duty police officer to make arrests for certain serious traffic offenses committed in the officer's presence if the officer is operating a police vehicle equipped with emergency lights and a siren.
(3) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence. The 3 additional traffic violations are: reckless driving, aggressive driving, and overtaking and passing a stopped school bus.
(4) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 permitted motor vehicle offenses, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle.
(5) Enables an off-duty police officer to make an arrest at any location in the State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.

This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Yearick & Sen. Buckson

Rep. Michael Smith; Sen. Hocker

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 104

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 1911, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1911. Police officers; statewide authority.

(c)

(1)

An on-duty

Subject to paragraph (c)(2) and (c)(3) of this section, a

police officer may arrest upon view and without a warrant at any location within the State any person when probable cause exists to believe that the person is committing or attempting to commit any crime which creates a substantial risk of death or serious physical injury to another person or which constitutes a violation of

any of the following:

a.

§ 4177 of Title 21.

Section 4177 of Title 21 (driving under the influence).

b. Section 4175 of Title 21 (reckless driving).

c. Section 4175A of Title 21 (aggressive driving).

d. Section 4166 of Title 21 (overtaking and passing a stopped school bus).

(2) A police officer making an arrest under paragraph (c)(1) of this section shall, where acting outside of the officer’s jurisdiction, take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving an offense under paragraph (c)(1)a. through (c)(1)d. of this section, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle.

(d)

An “on-duty”

A

police officer may arrest at any location in the State any person for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued. The

“on-duty”

police officer shall, where acting outside of the officer’s jurisdiction, take reasonable measures to notify the primary jurisdictional police agency of the intended time and place of the execution of the arrest warrant.

SYNOPSIS

This Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following:

(1) Enables an off-duty police officer to make arrests for offenses committed in the officer’s presence when the crime creates a substantial risk of death or serious physical injury to another person.

(2) Enables an off-duty police officer to make arrests for certain serious traffic offenses committed in the officer's presence if the officer is operating a police vehicle equipped with emergency lights and a siren.

(3) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence. The 3 additional traffic violations are: reckless driving, aggressive driving, and overtaking and passing a stopped school bus.

(4) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 permitted motor vehicle offenses, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle.

(5) Enables an off-duty police officer to make an arrest at any location in the State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.

This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.