Bill > HB150

This bill amends Title 10 of the Delaware Code to create new protections against civil arrests (legal arrests not related to criminal proceedings) in courthouses. Specifically, the bill prohibits civil arrests of individuals who are going to, attending, or leaving a courthouse for judicial proceedings, including parties, witnesses, attorneys, and observers. This protection extends to courthouse grounds, parking areas, and immediate surroundings. The bill defines a "courthouse" as any building where state judicial proceedings are conducted or where judicial officers work. Importantly, the prohibition does not apply to arrests made pursuant to a judicial order. The bill provides several enforcement mechanisms: judicial officers can prohibit activities threatening courthouse access, individuals improperly arrested can seek a writ of habeas corpus, and those who violate the law may be liable for damages in a civil action for false imprisonment. The bill's underlying rationale, as stated in its preamble, is to protect the functioning of Delaware's judicial system and ensure public access to courts without the threat of civil arrest, drawing support from a United States Supreme Court recognition of the importance of unhindered court operations.

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https://legis.delaware.gov/BillDetail?LegislationId=142171