Delaware 2023-2024 Regular Session

Delaware House Bill HB413

Introduced
5/21/24  
Introduced
5/21/24  

Caption

An Act To Amend Title 11 Of The Delaware Code Relating To Police Officer Arrest Powers.

Impact

The implications of HB 413 are substantial, as it modifies existing laws regarding police authority and jurisdictional boundaries. By enabling off-duty police officers to execute arrests under specific conditions, the bill aims to improve public safety by allowing more immediate responses to serious offenses. However, it also places an added responsibility on officers to communicate with primary jurisdictional agencies when acting outside of their designated areas, reinforcing a collaborative approach to law enforcement across counties and municipalities in Delaware.

Summary

House Bill 413 seeks to amend Title 11 of the Delaware Code, specifically focusing on the arrest powers of police officers across the state. The bill proposes to enhance statewide jurisdiction for police officers, allowing them to make certain arrests for serious offenses even when they are off-duty, provided they are operating a police vehicle equipped with emergency lights and siren. This includes newly added traffic offenses such as reckless driving, aggressive driving, and overtaking a stopped school bus, broadening the scope of scenarios in which police can act without prior approval from their jurisdiction.

Sentiment

The sentiment around HB 413 appears to be mixed, with supporters arguing that it creates an opportunity for quicker intervention in case of serious traffic violations and enhances the effectiveness of law enforcement. Conversely, critics may express concerns regarding the potential for overreach and abuse of power if off-duty officers have the authority to pursue arrests. Discussions surrounding the bill reflect broader themes in the community about the balance between enhancing police power and maintaining accountability.

Contention

Key points of contention include concerns about how effectively off-duty officers will communicate and collaborate with jurisdictional agencies, as well as the precedence for such expansive authority. Critics may argue that the bill could lead to inconsistencies or conflicts in law enforcement actions, particularly in areas with overlapping jurisdictions. Furthermore, discussions around the specific traffic violations included in the bill highlight debates about public safety versus the risks of over-policing certain behaviors.

Companion Bills

No companion bills found.

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