HB322 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION.

Healthcare Labor

Passed Legislature

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

Sponsor: Gorman
Last action: 2026-05-19
Official status: Lieu/Substituted 5/19/26
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on enforcement, regulation, or compensation for wrongful detention.

Allowing Health Care Facility Staff to Detain Risky Individuals

This act allows employees and security personnel at health-care facilities to detain individuals who pose a safety or security risk until police arrive.

What This Bill Does

Allows staff members of health-care, medical, or dental facilities to take into custody any person presenting a security or safety risk on the premises.
Requires that such detention be done in a reasonable manner and for a reasonable time.
Permits these individuals to detain someone only until law enforcement arrives.

Who It Names or Affects

Employees of health-care, medical, or dental facilities
Security personnel working at health-care, medical, or dental facilities
Individuals who pose security or safety risks in such facilities

Terms To Know

Private person: A regular citizen not authorized by law to make arrests.
Peace officer: An official police officer with the authority to enforce laws and make arrests.

Limits and Unknowns

The bill does not specify what constitutes a 'reasonable manner' or 'reasonable time'.

Bill History

2026-05-19 Delaware General Assembly
Substituted in House by HS 1 for HB 322
2026-03-25 Delaware General Assembly
Reported Out of Committee (Judiciary) in House with 2 Favorable, 7 On Its Merits
2026-03-17 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 ARREST AND DETENTION.
This Act permits employees of, or security personnel working for, a health-care, medical, or dental facility, to take any person presenting a security or safety risk at such premises into custody and detain the person in a reasonable manner on the premises for a reasonable time, for the purpose of summoning a law-enforcement officer.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Gorman & Sen. Pinkney

Reps. Griffith, Phillips

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 322

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION.

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

Section 1. Amend § 1914, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1914. Arrest or detention by private person prohibited.

(a) Except as set forth under subsection (b) of this section, arrest or detention by any person who is not specifically authorized by statute to effect an arrest or detention is prohibited.

(b)

(1)

If a peace officer is attempting to effect an arrest or detention, a private citizen may assist upon request of a peace officer or if the peace officer is incapacitated.

(2) A person employed by or providing security services for a health-care, medical, or dental facility may, for the purpose of summoning a law-enforcement officer,

take any person presenting a security or safety risk at such premises into custody and detain the person in a reasonable manner on the premises for a reasonable time.

SYNOPSIS

This Act permits employees of, or security personnel working for, a health-care, medical, or dental facility, to take any person presenting a security or safety risk at such premises into custody and detain the person in a reasonable manner on the premises for a reasonable time, for the purpose of summoning a law-enforcement officer.