AN ACT TO AMEND TITLE 11 RELATING TO ARREST BY A PRIVATE PERSON.

Plain English Breakdown

The bill summary and text do not provide information on what happens if the accused is charged with a felony in their own state or how this change will affect current practices and procedures for private arrests.

Changes to Private Person Arrests

This act removes the permission for private individuals to make arrests without a warrant if that person is accused of a felony in another state.

What This Bill Does

• Removes the permission for private individuals to arrest someone without a warrant if that person is accused of a felony in another state.

Who It Names or Affects

• Private citizens who might arrest someone without a warrant.
• People accused of felonies in other states.

Terms To Know

Warrant

A legal document that gives permission to make an arrest or search for evidence.

Felony

A serious crime, like murder or robbery, which can lead to a long prison sentence.

Limits and Unknowns

• The bill does not specify what happens if the accused is charged with a felony in their own state.
• It's unclear how this change will affect current practices and procedures for private arrests.
• This act has been stricken in the House, meaning it won't become law as proposed.

Official Summary Text

AN ACT TO AMEND TITLE 11 RELATING TO ARREST BY A PRIVATE PERSON.
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.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Gorman & Sen. Pinkney

Reps. Burns, Heffernan, Morrison, Neal, Wilson-Anton

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 76

AN ACT TO AMEND TITLE 11 RELATING TO ARREST BY A PRIVATE PERSON.

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

Section 1. 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.