HB 413 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.

Summary

This Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following: (1) Enables a police officer to make arrests for certain serious offenses committed in the officer's presence when the officer is off-duty, if the officer is operating a police vehicle equipped with emergency lights and a siren. (2) 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, reckless driving, aggressive driving, and overtaking and passing a stopped school bus. (3) 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 permitted motor vehicle offenses, the registration number, description, and number of occupants of the vehicle. (4) Enables an off-duty police officer to make an arrest at any location in the 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.

Bill Text

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The bill expands the arrest powers of police officers in Delaware by allowing off-duty officers to arrest certain traffic offenders and requiring notification to jurisdictional agencies when acting outside their jurisdiction.

• § 1911, Title 11

  Subject to paragraph (c)(2) and (c)(3) of this section,

  Removes the limitation for on-duty police officers when making arrests.

• § 1911, Title 11

  a. Section 4177 of Title 21 (driving under the influence). b. Section 4175 of Title 21 (reckless driving). c. Section 4175A of Title 21 (aggressive driving). d. Section 4166 of Title 21 (overtaking and passing a stopped school bus).

  Adds three traffic violations to the list that allows police officers to arrest for statewide when these are committed in their presence.

• § 1911, Title 11

  An “on-duty” A police officer may arrest at any location in the State any person for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued. → A police officer may arrest at any location in the State any person for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.

  Clarifies the language regarding arrest authority while on duty within the jurisdiction.

• § 1911, Title 11

  where acting outside of the officer’s jurisdiction, take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime → where acting outside of the officer’s jurisdiction, take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving an offense under paragraph (c)(1)a. through (c)(1)d. of this section, the registration number, description, and number of occupants of the vehicle.

  Expands the notification requirements when a police officer acts outside their jurisdiction.

• § 1911, Title 11

  an off-duty police officer making an arrest under paragraph (c)(1) of this section must be operating a police vehicle that is equipped with emergency lights and a siren.

  Imposes a condition on off-duty officers to have emergency equipment while making arrests.

Action History

1. May 21, 2024

   Introduced and Assigned to Judiciary Committee in House

Sponsors

• Stell Parker Selby · Primary
• Shannon Morris · Primary
• Sean M. Lynn · Primary
• Valerie Jones Giltner · Primary
• William J. Carson · Primary
• Franklin D. Cooke · Primary
• Lyndon D. Yearick · Primary

Subjects