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HB142 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARRESTS.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARRESTS.

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Gorman
Last action
2025-07-14
Official status
Signed 7/14/25
Effective date
Not listed

Plain English Breakdown

The effective date is unknown based on the provided text; typically laws become effective upon signature or a specified date.

Changes to Arrest Rules for Out-of-State Charges

This law stops private citizens from making warrantless arrests based on felony charges in other states and removes the rule allowing officers to order others to help with these specific arrests.

What This Bill Does

  • Eliminates the authorization for a private person to make a warrantless arrest of someone accused of a felony in another state's courts.
  • Removes the section of law that allowed peace officers or other authorized persons to command assistance when making an arrest based on charges from another state.

Who It Names or Affects

  • Private citizens who previously could make warrantless arrests for out-of-state felonies.
  • Peace officers and others empowered to make arrests under the old rules regarding commanding assistance.

Limits and Unknowns

  • The official text does not specify an effective date, only that it was signed by the Governor on July 14, 2025.
  • While noted as a successor to House Bill No. 76, the provided material does not detail what changes were made in that earlier version.

Bill History

  1. 2025-07-14 Delaware General Assembly

    Signed by Governor

  2. 2025-06-30 Delaware General Assembly

    Passed By Senate. Votes: 16 YES 5 NO

  3. 2025-06-25 Delaware General Assembly

    Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits

  4. 2025-06-17 Delaware General Assembly

    Passed By House. Votes: 24 YES 12 NO 5 ABSENT

  5. 2025-06-17 Delaware General Assembly

    Assigned to Judiciary Committee in Senate

  6. 2025-05-21 Delaware General Assembly

    Reported Out of Committee (Judiciary) in House with 2 Favorable, 4 On Its Merits

  7. 2025-05-08 Delaware General Assembly

    Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARRESTS.
This Act eliminates authorization for a warrantless arrest by a private person in the case of an individual accused in the courts of another state of a felony.
It also strikes a provision relating to the authority of an officer to command assistance in making arrests based on charges in another state.
This bill is a successor to House Bill No. 76.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Gorman & Sen. Pinkney

Reps. Burns, Morrison, Lynn, Lambert; Sen. Lawson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 142

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARRESTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 2509, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2509.

Authority of arresting officer to command assistance.

[Repealed.]

Every peace officer or other person empowered to make the arrest under this subchapter shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

Section 2. Amend § 2514, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2514. Arrest without warrant.

The arrest of a person may be lawfully made by any peace

officer or a private person,

officer,

without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, but when so arrested the accused shall be taken before a judge or justice of the peace with all practicable speed and complaint shall be made against the accused under oath setting forth the ground for the arrest as in § 2513 of this title, and thereafter the accused’s answer shall be heard as if the accused had been arrested on a warrant.

SYNOPSIS

This Act eliminates authorization for a warrantless arrest by a private person in the case of an individual accused in the courts of another state of a felony.

It also strikes a provision relating to the authority of an officer to command assistance in making arrests based on charges in another state.

This bill is a successor to House Bill No. 76.