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DE HB104

DE HB104
An Act To Amend Title 11 Of The Delaware Code Relating To Police Officer Arrest Powers.


summary

Introduced
05/01/2025
In Committee
05/01/2025
Crossed Over
Passed
Dead

Introduced Session

153rd General Assembly

Bill Summary

An Act To Amend Title 11 Of The Delaware Code Relating To Police Officer Arrest Powers.

AI Summary

This bill amends Delaware's police officer arrest powers by expanding and clarifying when law enforcement can make arrests outside their immediate jurisdiction. Specifically, the bill allows police officers to arrest individuals without a warrant in any location within the state when there is probable cause that a person is committing or attempting to commit a crime that creates a substantial risk of serious injury, or when the person is violating specific traffic-related offenses including driving under the influence, reckless driving, aggressive driving, and overtaking a stopped school bus. The bill introduces a new requirement that when an officer makes such an arrest outside their primary jurisdiction, they must take reasonable steps to notify the local police agency, including providing details about the vehicle and its occupants if the arrest is related to the specified traffic offenses. The bill also modifies language around when police officers can arrest individuals with an outstanding warrant, removing the term "on-duty" and requiring notification to the primary jurisdictional agency when executing an arrest warrant outside their usual jurisdiction. These changes aim to provide clearer guidelines and improve inter-jurisdictional communication for law enforcement arrests.

Committee Categories

Justice

Sponsors (4)

Last Action

Adopted in lieu of the original bill HB 104, and Assigned to Judiciary Committee in House (on 05/01/2025)

bill text


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