Delaware 153rd General Assembly Status: Introduced 1 R cosponsors

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

Last action — Lieu/Substituted

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the House. Introduced May 01, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Not enough signal yet

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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 if the officer is operating a police vehicle equipped with emergency lights and a siren. (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 permitted motor vehicle offenses, 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 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. 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.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 104 on the official Delaware source →

Action History

  1. Lieu/Substituted

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 61 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (61)

61 members have not signed on to this bill.

Show all 61 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 104 do?
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 if the officer is operating a police vehicle equipped with emergency lights and a siren. (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 permitted motor vehicle offenses, 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 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. 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.
Who sponsors HB 104?
HB 104 is sponsored by Lyndon D. Yearick (Republican).
What is the current status of HB 104?
This bill has been introduced in the House. Introduced May 01, 2025. It must pass committee before a floor vote.
Where can I track HB 104?
Track HB 104 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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