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DelawareHB 153153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION.

Sponsored By: Mara Gorman (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Delaware bans citizen arrests without legal authority

Delaware bans arrests or detention by anyone without specific authority under a statute, ending citizen’s arrests. Peace officers keep their legal arrest authority. Existing laws still allow limited detention for shoplifting, unlawful recording in theaters, and unlawful acts involving video lottery machines. Those powers apply to merchants, theater owners, video lottery agents, and their authorized agents or staff, as specified by law.

Private detective custody rules and penalties removed

The law repeals outdated custody rules for people arrested by private detectives. Those rules required custody by the Department of Correction or in a state, county, or municipal facility. It also removes the detective’s $100 to $500 fine for breaking that rule. The repealed penalty included 6 months to 1 year in prison if the fine was not paid. Private investigators have no arrest authority in Delaware; these repeals do not grant any.

Sponsors & Cosponsors

Sponsor

  • Mara Gorman

    Democratic • House

Cosponsors

  • Frank Burns

    Democratic • House

  • Daniel Cruce

    Democratic • Senate

  • Kamela T Smith

    Democratic • House

  • Larry Lambert

    Democratic • House

  • Sean M. Lynn

    Democratic • House

  • Eric Morrison

    Democratic • House

  • DeShanna U Neal

    Democratic • House

  • Josue O Ortega

    Democratic • House

  • Sophie Phillips

    Democratic • House

  • Marie Pinkney

    Democratic • Senate

  • Cyndie Romer

    Democratic • House

  • Claire Snyder-Hall

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 41 • No: 16

Senate vote • 6/30/2025

Passed (SM required)

Yes: 17 • No: 4

House vote • 6/17/2025

Passed (SM required)

Yes: 24 • No: 12

Actions Timeline

  1. Signed by Governor

    7/14/2025Governor

  2. Passed By Senate. Votes: 17 YES 4 NO

    6/30/2025Senate

  3. Lifted From Table in Senate

    6/30/2025Senate

  4. Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 3 On Its Merits

    6/25/2025Senate

  5. Assigned to Judiciary Committee in Senate

    6/17/2025Senate

  6. Passed By House. Votes: 24 YES 12 NO 5 ABSENT

    6/17/2025House

  7. Amendment HA 1 to HB 153 - Passed In House by Voice Vote

    6/17/2025House

  8. Reported Out of Committee (Judiciary) in House with 4 Favorable, 2 On Its Merits

    5/21/2025House

  9. Introduced and Assigned to Judiciary Committee in House

    5/1/2025House

Bill Text

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