Gorman HOUSE& OFSen. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Sturgeon TOReps. HOUSE SUBSTITUTE NO.

Harris, Berry, Lambert, Morrison, Romer, Ross Levin, Snyder-Hall, Chukwuocha;

Sens.

Cruce, Lockman, Pinkney, Seigfried HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.

150 AMENDAN HouseACT SubstituteAMENDING No.TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ARRESTS.

1WHEREAS, forthe Housethreat Billthat No.persons may be subject to civil arrest while in Delaware’s courthouses or attending judicial or administrative proceedings is a threat to the proper functioning of Delaware’s government and to the rights enjoyed by all Delawareans;

350and byWHEREAS, deletingthe linesUnited 52States throughSupreme 55Court inhas theirrecognized entiretythat “the unhindered and insertinguntrammeled infunctioning lieuof thereofour courts is part of the following:very foundation of our constitutional democracy,” and that a state may therefore adopt measures necessary and appropriate to safeguard the administration of justice by its courts.

“(a)Cox (1)v. A judicial officer has the power to prohibit activities that threaten access to state courthouses or court proceedings and to prohibit interruption of judicial administration, including protecting the privilege from civil arrest at courthouses or court proceedings.

(2)Louisiana, A379 representativeU.S. or member of the Industrial Accident Board has the power to prohibit activities that threaten access to administrative proceedings, and to prohibit interruption of the operations of the Industrial Accident Board, including protecting the privilege from civil arrest at an Office of the Industrial Accident Board.”.

SYNOPSIS559, This562 amendment(1965); to House Substitute No.

1and forWHEREAS, Houseaccordingly, BillDelaware No.may regulate entry and access to the courts and activity on courthouse premises and vicinities that threaten the fair and nondiscriminatory administration of justice or the openness of courts;

150and clarifiesWHEREAS, thatpublic theaccess authorityto ofDelaware’s the courts appliesalso toenhances courthouses and judicial proceedings and the authoritytruth-finding offunction the Industrial Accident Board applies to an Office of thejudicial Industrialproceedings, Accidentsafeguarding Boardtheir andintegrity; to its administrative proceedings.

and WHEREAS, protecting persons from civil arrest while in Delaware’s courthouses or attending judicial proceedings is necessary to preserve the vital role served by public access to courts;

and WHEREAS, the State has a similar interest in safeguarding administrative proceedings before the Delaware Industrial Accident Board where evidence is received and adjudicated relating to the rights of employers, workers, and insurers.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend Part V, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 82.

Civil Arrests HD :

KL :

DS Page 1 of 3 Released:

03/19/2026 11:50 AM § 8201.

Definitions.

As used in this chapter:

(1) “Civil arrest” means an arrest or detention for matters not related to criminal law enforcement or other judicial order authorizing such arrest.

(2) “Courthouse” means any building or facility where State judicial proceedings are conducted or where the offices of judicial officers or employees are housed.

(3) “Office of the Delaware Industrial Accident Board” means any Department of Labor office location where the Delaware Industrial Accident Board conducts hearings or other proceedings.

§ 8202.

Prohibition on civil arrest.

(a) No person may be subject to civil arrest while:

(1) Going to, remaining at, or returning from a courthouse for matters related to a judicial proceeding.

(2) Participating in or attending a judicial proceeding as a party, witness, attorney, or observer.

(3) Going to, remaining at, or returning from the Office of the Delaware Industrial Accident Board for matters related to a workers’ compensation administrative proceeding.

(4) Participating in or attending an administrative proceeding of the Delaware Industrial Accident Board as a party, witness, attorney, or observer.

(b) This prohibition applies to the immediate surroundings of the courthouse or the Office of the Delaware Industrial Accident Board, including any contiguous public entryways, driveways, sidewalks, parking areas, and grounds intended to serve the courthouse or the Office of the Delaware Industrial Accident Board.

§ 8203.

Prohibition on civil arrest;

exceptions.