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HB 153 DE
Became Law

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

DE · session 153 · Assembly / House · bill

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Introduced May 1, 2025

Latest action (Jul 14, 2025) Signed by Governor

Summary

This Act prohibits arrest or detention by any person who does not have explicit statutory authority to carry out an arrest or detention. The intent of this provision is to eliminate any doubt that a “citizen’s arrest” is not permitted in Delaware. Peace officers have statutory authority to make arrests, as do federal law enforcement agents and out-of-state police under some circumstances. There is also limited authority to detain a person suspected of shoplifting provided to a merchant, store supervisor, agent or employee of a merchant in § 840 of Title 11; to detain a person suspected of unlawful recording by a motion picture theater owner, supervisor, agent or employee under § 858 of Title 11; and to detain a person suspected of unlawful acts with a video lottery machine by a video lottery agent or any of its officers, employees or agents under § 1474 of Title 11. This Act also deletes two outdated provisions of Chapter 65 of Title 11 that reference the exercise of arrest by private detectives. At the present time, private investigators do not have authority to make arrests in Delaware.

Sponsors (12)

Action history (9)

  1. May 1, 2025 Introduced and Assigned to Judiciary Committee in House · lower
  2. May 21, 2025 Reported Out of Committee (Judiciary) in House with 4 Favorable, 2 On Its Merits · lower
  3. Jun 17, 2025 Amendment HA 1 to HB 153 - Passed In House by Voice Vote · lower
  4. Jun 17, 2025 Passed By House. Votes: 24 YES 12 NO 5 ABSENT · lower
  5. Jun 17, 2025 Assigned to Judiciary Committee in Senate · upper
  6. Jun 25, 2025 Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 3 On Its Merits · upper
  7. Jun 30, 2025 Lifted From Table in Senate · upper
  8. Jun 30, 2025 Passed By Senate. Votes: 17 YES 4 NO · upper
  9. Jul 14, 2025 Signed by Governor · executive

Full text

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