HB 104: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

This Act is a substitute for House Bill No. 104. This Act differs from House Bill No. 104 in that it corrects a typographical error in the Act and removes language from the synopsis that is not applicable to House Bill No. 104 or this Act. Like House Bill No. 104, this Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following: (1) Enables an off-duty police officer to make arrests for offenses committed in the officer’s presence when the crime creates a substantial risk of death or serious physical injury to another person. (2) Enables an off-duty police officer to make arrests for certain serious traffic offenses committed in the officer's presence. (3) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence. The 3 additional traffic violations are: reckless driving, aggressive driving, and overtaking and passing a stopped school bus. (4) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 enumerated traffic violations, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle. (5) Enables an off-duty police officer to make an arrest at any location in this State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.

Sponsors

Sponsors by party (alphabetical): Republican 4

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. May 1, 2025Adopted in lieu of the original bill HB 104, and Assigned to Judiciary Committee in House