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

HS1FORHB104 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.

Crime Education
Passed Legislature

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

Sponsor
Yearick
Last action
2025-05-01
Official status
House Judiciary 5/1/25
Effective date
Not listed

Plain English Breakdown

The official source does not provide specific details on how police officers should notify other agencies or consequences for failing to do so.

Police Officer Arrest Powers

This act changes Delaware's laws about when and where off-duty police officers can make arrests.

What This Bill Does

  • Allows off-duty police officers to arrest people who commit crimes that could seriously hurt others in their presence.
  • Gives off-duty police officers the power to arrest for certain serious traffic violations if they see them happen.
  • Adds three new types of traffic offenses—reckless driving, aggressive driving, and overtaking a stopped school bus—to the list of offenses an officer can arrest for statewide.
  • Requires police officers who make arrests outside their usual area to tell other local police about it as soon as possible.
  • Enables off-duty police officers to arrest people in any part of Delaware if there is a warrant out for them and they committed a crime within the officer's home agency’s jurisdiction.

Who It Names or Affects

  • Police officers, both on duty and off duty
  • People who commit crimes or traffic violations

Terms To Know

Off-duty police officer
A police officer who is not working their regular shift but still has the authority to make arrests under certain conditions.
Substantial risk of death or serious physical injury
A situation where there is a significant chance that someone could be seriously hurt or killed.

Limits and Unknowns

  • The bill does not specify how police officers should notify other agencies.
  • It's unclear what happens if an off-duty officer makes an arrest and doesn't follow the notification rules.

Bill History

  1. 2025-05-01 Delaware General Assembly

    Adopted in lieu of the original bill HB 104, and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.
This Act is a substitute for House Bill No. 104. This Act differs from House Bill No. 104 in that it corrects a typographical error in the Act and removes language from the synopsis that is not applicable to House Bill No. 104 or this Act.

Like House Bill No. 104, this Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following:
(1) Enables an off-duty police officer to make arrests for offenses committed in the officer’s presence when the crime creates a substantial risk of death or serious physical injury to another person.
(2) Enables an off-duty police officer to make arrests for certain serious traffic offenses committed in the officer's presence.
(3) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence. The 3 additional traffic violations are: reckless driving, aggressive driving, and overtaking and passing a stopped school bus.
(4) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 enumerated traffic violations, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle.
(5) Enables an off-duty police officer to make an arrest at any location in this State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.

This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Yearick & Sen. Buckson

Rep. Michael Smith; Sen. Hocker

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 104

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 1911, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1911. Police officers; statewide authority.

(c)

(1)

An on-duty

Subject to paragraph (c)(2) of this section, a

police officer may arrest upon view and without a warrant at any location within

the

this

State any person when probable cause exists to believe that the person is committing or attempting to commit any crime which creates a substantial risk of death or serious physical injury to another person or which constitutes a violation of

any of the following:

a.

§ 4177 of Title 21.

Section 4177 of Title 21 (driving under the influence).

b. Section 4175 of Title 21 (reckless driving).

c. Section 4175A of Title 21 (aggressive driving).

d. Section 4166 of Title 21 (overtaking and passing a stopped school bus).

(2) A police officer making an arrest under paragraph (c)(1) of this section shall, where acting outside of the officer’s jurisdiction, take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving an offense under paragraph (c)(1)a. through (c)(1)d. of this section, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle.

(d)

An “on-duty”

A

police officer may arrest at any location in

the

this

State any person for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued. The

“on-duty”

police officer shall, where acting outside of the officer’s jurisdiction, take reasonable measures to notify the primary jurisdictional police agency of the intended time and place of the execution of the arrest warrant.

SYNOPSIS

This Act is a substitute for House Bill No. 104. This Act differs from House Bill No. 104 in that it corrects a typographical error in the Act and removes language from the synopsis that is not applicable to House Bill No. 104 or this Act.

Like House Bill No. 104, this Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following:

(1) Enables an off-duty police officer to make arrests for offenses committed in the officer’s presence when the crime creates a substantial risk of death or serious physical injury to another person.

(2) Enables an off-duty police officer to make arrests for certain serious traffic offenses committed in the officer's presence.

(3) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence. The 3 additional traffic violations are: reckless driving, aggressive driving, and overtaking and passing a stopped school bus.

(4) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 enumerated traffic violations, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle.

(5) Enables an off-duty police officer to make an arrest at any location in this State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.

This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.