KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Delaware

HB150 • 2025

AN ACT AMENDING TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ARRESTS.

AN ACT AMENDING TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ARRESTS.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Gorman
Last action
2026-06-25
Official status
Lieu/Substituted 3/19/26
Effective date
Not listed

Plain English Breakdown

The official source does not list an effective date; the bill has passed the Senate but final executive action is unknown in this text.

Ban on Civil Arrests at Delaware Courthouses

This law stops people from being arrested for non-criminal reasons while they are going to, staying in, or leaving Delaware courthouses unless a judge has issued an order.

What This Bill Does

  • Defines 'civil arrest' as an arrest not related to criminal laws or other court orders.
  • Prohibits civil arrests for people traveling to, remaining at, or returning from courthouses for legal matters.
  • Protects parties, witnesses, lawyers, and observers attending judicial proceedings from civil arrest.
  • Extends this protection to courthouse grounds, parking areas, and immediate surroundings.
  • Allows courts to award attorney fees and costs to people who win lawsuits against those who break this rule.

Who It Names or Affects

  • People going to or attending court proceedings in Delaware
  • Law enforcement officers making arrests at courthouses

Terms To Know

Civil arrest
An arrest for matters not related to criminal law or a specific court order.
Courthouse
Any building where state judicial proceedings happen or where judges and staff work.

Limits and Unknowns

  • This rule does not stop arrests made with a valid order from a judge.
  • An effective date is not provided in the source material.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Gorman

PWB 6/17/25

Plain English: This amendment updates House Bill No. 150 by clarifying which areas around courthouses are covered and creating specific rules for when police can make civil arrests inside a courthouse.

  • It defines the restricted area to include public entryways, driveways, sidewalks, parking lots, grounds, and immediate surroundings of the courthouse.
  • It allows law enforcement officers to conduct a civil arrest inside a courthouse if they give written notice to the presiding judge beforehand.
  • The required written notice must list the person's name, the type of violation, proof of the citation or paperwork, and the planned time and location for the arrest.
  • This amendment only changes specific lines in House Bill No. 150; it does not explain what other parts of the original bill say.
  • The text references a court case (Cox v. Louisiana) but does not explain how that legal precedent applies to this law.
HA 2

2 • Gorman

PWB 6/24/25

Plain English: This amendment updates rules about civil arrests near courthouses by defining specific areas covered and creating an exception that allows police to make these arrests inside if they give the judge written notice first.

  • It clarifies that the ban on civil arrests applies to public entryways, driveways, sidewalks, parking lots, and grounds meant for use with the courthouse.
  • It adds a rule allowing law enforcement officers to make a civil arrest inside a courthouse if they give written notice to the judge before doing so.
  • The required written notice must include the person's name, details of the violation, proof like a citation, and when and where the arrest will happen.
  • This explanation is based only on the amendment text provided; it does not explain what Section 8202 or other parts of the original bill say.
  • The exact legal meaning of 'contiguous' and how far the covered areas extend depends on court interpretations not included in this document.

Bill History

  1. 2026-06-25 Delaware General Assembly

    HS 1 for HB 150 - Passed By Senate. Votes: 18 YES 1 NO 2 NOT VOTING

  2. 2026-06-17 Delaware General Assembly

    HS 1 for HB 150 - Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 3 On Its Merits

  3. 2026-03-24 Delaware General Assembly

    Substituted in House by HS 1 for HB 150

  4. 2026-03-24 Delaware General Assembly

    HS 1 for HB 150 - - Passed In House by Voice Vote

  5. 2026-03-24 Delaware General Assembly

    HS 1 for HB 150 - Passed By House. Votes: 25 YES 13 NO 3 ABSENT

  6. 2026-03-24 Delaware General Assembly

    HS 1 for HB 150 - Assigned to Judiciary Committee in Senate

  7. 2026-03-19 Delaware General Assembly

    Substituted in House by HS 1 for HB 150

  8. 2025-06-24 Delaware General Assembly

    Amendment HA 2 to HB 150 - Introduced and Placed With Bill

  9. 2025-06-18 Delaware General Assembly

    Reported Out of Committee (Judiciary) in House with 6 On Its Merits

  10. 2025-06-17 Delaware General Assembly

    Amendment HA 1 to HB 150 - Introduced and Placed With Bill

  11. 2025-05-01 Delaware General Assembly

    Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT AMENDING TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ARRESTS.
This bill prohibits civil arrests from being made in courthouses without a judicial warrant.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Gorman & Sen. Sturgeon

Reps. Morrison, Romer, Ross Levin, Snyder-Hall, Lambert, Berry; Sens. Lockman, Pinkney, Cruce

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 150

AN ACT AMENDING TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ARRESTS.

WHEREAS, the threat that persons may be subject to civil arrest while in Delaware’s courthouses or attending judicial proceedings is a threat to the proper functioning of Delaware’s government and to the rights enjoyed by all Delawareans; and

WHEREAS, the United States Supreme Court has recognized that “the unhindered and untrammeled functioning of our courts is part of the very foundation of our constitutional democracy,” and that a state may therefore adopt measures necessary and appropriate to safeguard the administration of justice by its courts. United States v. Grace, 461 U.S. 171, 178 (1983); and

WHEREAS, accordingly, Delaware may regulate entry and access to the courts and activity on courthouse premises and vicinities that threaten the fair and nondiscriminatory administration of justice or the openness of courts; and

WHEREAS, public access to Delaware’s courts also enhances the truth-finding function of judicial proceedings, safeguarding their integrity; and

WHEREAS, protecting persons from civil arrest while in Delaware’s courthouses or attending judicial proceedings is necessary to preserve the vital role served by public access to courts.

NOW, THEREFORE:

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

Section 1. Amend Part V, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 82. Civil Arrests

§ 8201. Definitions.

As used in this chapter:

(1) “Civil arrest” means an arrest for matters not related to criminal law enforcement or other judicial order authorizing such arrest.

(2) “Courthouse” means any building or facility where State judicial proceedings are conducted or where judicial officers or employees are housed.

§ 8202. Prohibition on civil arrest.

(a) No person may be subject to civil arrest while:

(1) Going to, remaining at, or returning from a courthouse for matters related to a judicial proceeding.

(2) Participating in or attending a judicial proceeding as a party, witness, attorney, or observer.

(b) This prohibition applies to the grounds, parking areas, and immediate surroundings of courthouses.

(c) This section does not apply to arrests made pursuant to a judicial order authorizing such arrest.

§ 8203. Enforcement and Remedies.

(a) A judicial officer has the power to prohibit activities that threaten access to state courthouses and court proceedings, and to prohibit interruption of judicial administration, including protecting the privilege from civil arrest at courthouses and court proceedings.

(b) A person arrested or detained in violation of this chapter may seek a writ of habeas corpus.

(c) A person who knowingly violates this chapter may be liable for damages in a civil action for false imprisonment.

(d) Courts may award attorney’s fees and costs to prevailing parties in actions brought under this section.

SYNOPSIS

This bill prohibits civil arrests from being made in courthouses without a judicial warrant.