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

Plain English Breakdown

The exact meaning of 'reasonable manner' and 'reasonable time' is not defined by this law.

Law Changes for Arrests in Health Care Settings

This law allows certain employees or security personnel at healthcare institutions to detain individuals who pose a safety risk until police arrive.

What This Bill Does

• Allows employees and security personnel of health-care institutions, medical practices, or dental offices to take into custody any person presenting a security or safety risk on the premises for summoning law enforcement.
• Requires that such detention must occur in a reasonable manner for a reasonable time.

Who It Names or Affects

• Employees and security personnel of health-care institutions, medical practices, or dental offices
• Individuals who pose a security or safety risk at these premises

Terms To Know

Health-care institution

A place that provides healthcare services as defined by Delaware law under Chapter 25C of Title 16.

Medical practice

A licensed medical office or clinic in Delaware under Title 24.

Dental practice

A licensed dental office or clinic in Delaware under Title 24.

Limits and Unknowns

• The law does not specify what 'reasonable manner' and 'reasonable time' mean exactly.
• It is unclear how this will be enforced or regulated by the state.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION.
This Act is a substitute for House Bill No. 322 which permits employees of, or security personnel working for, a health-care institution, as defined under Chapter 25C of Title 16, or a medical or dental practice licensed under Title 24, 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.
This House Substitute to House Bill No. 322 differs from the initial bill as it clarifies the definition of health-care institution, medical practice, and dental practice.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Gorman

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

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 institution, as defined under Chapter 25C of Title 16, or a medical or dental practice licensed under Title 24 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 is a substitute for House Bill No. 322 which permits employees of, or security personnel working for, a health-care institution, as defined under Chapter 25C of Title 16, or a medical or dental practice licensed under Title 24, 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.

This House Substitute to House Bill No. 322 differs from the initial bill as it clarifies the definition of health-care institution, medical practice, and dental practice.