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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 of the law is unknown as it has just been signed by the Governor and no specific implementation date is provided.

Changes to Arrest Rules

The law removes private citizens' ability to make warrantless arrests of people accused of felonies in other states and limits police officers' authority to command help from others when making such arrests.

What This Bill Does

  • Removes the right of a regular person to arrest someone without a warrant if that person is charged with a felony in another state.
  • Eliminates the part of the law that lets police ask others for help when making an arrest based on charges from another state.

Who It Names or Affects

  • Private citizens who might have arrested someone without a warrant before.
  • Police officers and peace officers who make arrests.
  • People accused in other states of serious crimes.

Terms To Know

Felony
A very serious crime, like murder or robbery.
Warrantless arrest
An arrest made without a court order.

Limits and Unknowns

  • The law does not specify when it will start to be used.
  • It only changes how arrests are handled for crimes in other states, not for crimes within Delaware.

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.