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

Plain English Breakdown

The official source confirms the bill passed the Senate but does not state if it has been signed into law by the Governor or its effective date.

HB322: Allowing Medical Facility Staff to Detain Safety Risks

This bill allows employees and security staff at health-care, medical, or dental facilities in Delaware to hold people who pose a safety risk until police arrive.

What This Bill Does

• Amends Title 11 of the Delaware Code regarding arrest and detention rules.
• Allows facility workers to take custody of anyone presenting a security or safety risk on their property.
• Permits staff to detain these individuals in a reasonable manner for a reasonable time.
• States that this action is allowed only for the purpose of calling law-enforcement officers.

Who It Names or Affects

• Employees working at health-care, medical, or dental facilities.
• Security personnel hired by these types of facilities.
• People who present a security or safety risk while on facility premises.

Terms To Know

Detain

To hold someone in custody and prevent them from leaving for a short time.

Premises

The land, building, or property where the health-care facility is located.

Limits and Unknowns

• The bill does not define exactly what counts as a 'reasonable manner' or 'reasonable time'.
• This authority applies only to facilities that are classified as health-care, medical, or dental.
• The text does not specify the maximum length of detention allowed before police must arrive.

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

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.