DOVER – Delawareans could soon see stronger protections for their civil liberties under a legislative package introduced by Rep. Mara Gorman.
Taken together, the measures – four in total – would reinforce constitutional protections, prevent unauthorized arrests, and proactively ban private prisons from operating in the state.
“No one benefits from a system that lets untrained individuals take the law into their own hands, whether through a citizen’s arrest or the operation of a private prison. It’s dangerous. It’s reckless. And it’s fundamentally unjust,” said Rep. Mara Gorman.
“These bills make it very clear that only professionals have the authority to administer justice, and that Delawareans’ civil liberties will be protected at every level.”
This legislative package introduced by Rep. Mara Gorman and co-sponsors Sen. Marie Pinkney, Sen. Laura Sturgeon, and Sen. Ray Seigfriend includes:
HB 153, co-sponsored by Sen. Marie Pinkney, would put a clear end to the outdated and dangerous practice of “citizen’s arrests” in Delaware by prohibiting anyone without explicit statutory authority from detaining or arresting another person.
In order to eliminate any doubt that a “citizen’s arrest” is not permitted in Delaware, this bill deletes two outdated provisions of the Delaware Code that reference the exercise of arrest by private detectives. Private detectives do not hold the explicit statutory authority needed to make arrests.
Similarly, HB 76, also co-sponsored by Sen. Marie Pinkney, would prohibit unauthorized individuals from making arrests in Delaware for alleged felonies committed in other states.
In February 2020, 25-year-old Ahmaud Arbery was killed at the hands of private citizens while jogging in Georgia. The three men charged with the murder of Arbery claimed that they were attempting to make a citizen’s arrest, and cited Georgia’s 1863 Citizen’s Arrest Law in their defense.
Amongst the mens’ charges following the trial were attempted kidnapping, committing hate crimes, and murder.
The State of Georgia repealed their Civil War-era citizen’s arrest law in 2021. However, citizen’s arrests are still permitted in the state in limited circumstances.
If HB 76 and HB 153 are passed, Delaware will become the first state to explicitly ban citizen’s arrests.
“Citizen’s arrests are often racially motivated, and have the potential to escalate already dangerous situations,” said Sen. Pinkney.
“We know that the concept of public safety means different things to different people. This is far too subjective of a matter for any member of the public to feel empowered to detain a fellow citizen.”
HB 150, co-sponsored by Sen. Laura Sturgeon, would prohibit civil arrests from being made in courthouses without a judicial warrant. The measure is supported by the DOJ, the Court Administrators, and the ACLU.
“Increased ICE presence at courthouses have kept victims and witnesses of crime from seeking necessary legal services that would make our communities safer,” said Sen. Laura Sturgeon.
“These arrests make it harder for survivors to find justice and undermine the integrity of our legal system as a whole. At a time when civil liberties are being compromised across our nation, this legislation shows that Delaware is committed to maintaining justice and freedom for everyone who calls our state home.”
HB 151, co-sponsored by Sen. Ray Seigfriend, would ban the operation of private detention facilities in Delaware.
“Private prisons create an incentive to incarcerate. In other states, we’ve seen these institutions operate without transparency or accountability, creating an environment primed for abuse among an already vulnerable population,” said Sen. Ray Seigfried.
“This bill ensures that our detention centers will continue to prioritize people over profit, while maintaining the dignity, safety, and humanity of those serving their time.”
A private detention facility is a detention facility that is operated by a private, nongovernmental, for- profit entity, and operating pursuant to a contract or agreement with a governmental entity.
In 2022, private for-profit prisons incarcerated 90,873 Americans – 8% of the total state and federal prison population. This is a 5% increase since 2000.
These facilities are not subject to the Freedom of Information Act (FOIA), which allows the public to access federal agency records and information. This is despite the fact that they receive federal funding, and that there have been calls for more transparency in private prison operations for decades, stemming from numerous cases of mismanagement and abuse.
There are currently no private detention facilities in Delaware, and HB 151 would ensure that this remains true.
All four bills have been assigned to the House Judiciary Committee.
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