HB153: An Act To Amend Title 11 Of The Delaware Code Relating To Arrest And Detention.

Legislative 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 citizens 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.