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HB 76

AN ACT TO AMEND TITLE 11 RELATING TO ARREST BY A PRIVATE PERSON.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 5 co-sponsors

HB 76 would modify Delaware law on private citizen arrest powers, but was stricken from House consideration before passage in May 2025.

Stricken in House
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WeVote Research Nonpartisan
Bill Summary · HB 76

Legislative bill overview

HB 76 would modify Delaware's Title 11 laws governing when private citizens can make arrests. The bill was introduced in March 2025 but was stricken (removed) from consideration in May 2025, meaning it did not advance for a vote. The specific amendments to arrest authority for private persons were not detailed in the available legislative record.

Why is this important

Private citizen arrest powers directly affect public safety and legal liability. Changes to these provisions can expand or restrict when ordinary people can detain others, impacting self-defense rights, shopkeeper protections, and potential civil liability. This touches on the balance between individual protection and preventing vigilantism.

Potential points of contention

  • Scope of arrest authority: Whether private citizens should be allowed to arrest for felonies only, or expanded to misdemeanors and specific circumstances
  • Liability concerns: Questions about civil and criminal liability exposure for citizens who make arrests, especially regarding excessive force or wrongful detention
  • Law enforcement coordination: Whether private arrests should require immediate notification to police and what happens during the arrest process

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

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