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HB 104

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

153rd General Assembly (2025-2026) Introduced by Frank Cooke and 3 co-sponsors

Delaware HB 104 modifies police arrest powers in state criminal code; specific amendments pending full bill text review and Judiciary Committee consideration.

Adopted in lieu of the original bill HB 104, and Assigned to Judiciary Committee in House
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Bill Summary · HB 104

Legislative bill overview

HB 104 amends Delaware's criminal code (Title 11) to modify police officer arrest powers. The bill was recently adopted in substitute form and referred to the House Judiciary Committee, though the specific amendments are not detailed in the provided information. Without access to the full bill text, the precise scope of changes—whether expanding, restricting, or clarifying arrest authority—cannot be determined.

Why is this important

Police arrest powers directly affect public safety, civil liberties, and law enforcement practices. Modifications to these powers can impact how officers respond to crimes, how citizens are treated during encounters, and the balance between effective policing and constitutional protections. Delaware residents and law enforcement agencies alike have significant interests in how arrest authority is defined.

Potential points of contention

  • Scope of arrest authority – Whether the bill expands officer discretion (potentially increasing arrests) or restricts it (potentially limiting police tools), both approaches generate debate about public safety versus civil rights
  • Due process and constitutional concerns – Changes to arrest powers must comply with Fourth Amendment protections; clarity on standards matters greatly
  • Law enforcement perspective vs. civil liberties groups – Police unions typically support broader arrest authority while civil rights organizations often advocate for restrictions and accountability measures

Compiled from official sources — confirm details with the bill’s official record.

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