Bill > HB153

This bill amends Delaware law to explicitly prohibit arrest or detention by private citizens who do not have specific statutory authority to do so, effectively eliminating citizens' arrests in the state. The legislation creates a new section in Title 11 of the Delaware Code that establishes a general prohibition on private arrests, with a narrow exception allowing a private citizen to assist a peace officer (law enforcement) only when specifically requested or if the officer is incapacitated. Additionally, the bill repeals two existing sections of law related to private detectives and their arrest procedures, removing the previous legal framework that had governed such actions. The key purpose of this legislation is to clarify and restrict who can legally detain or arrest individuals in Delaware, reserving this power primarily to officially authorized law enforcement personnel. By removing ambiguity around citizens' arrests, the bill aims to prevent potential unauthorized and potentially dangerous attempts by private individuals to detain others, while maintaining a limited provision for citizens to assist law enforcement in specific circumstances.

Justice

https://legis.delaware.gov/BillDetail?LegislationId=142166