AN ACT AMENDING TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ARRESTS.

The bill was restructured from an amendment to HB 350 into a standalone act directly amending Title 10 of the Delaware Code, creating a new Chapter 82 (Civil Arrests) with its own definitions, prohibitions, exceptions, and enforcement provisions.

Section 8202(b) extends the prohibition to the immediate surroundings of courthouses and Industrial Accident Board offices, including contiguous public entryways, driveways, sidewalks, parking areas, and grounds intended to serve those facilities.

The original HA 1 only clarified that court authority applied to courthouses and judicial proceedings while Industrial Accident Board authority applied to its offices and administrative proceedings. The HS 1 version substantially expands the bill into a full statutory framework with definitions, geographic scope, exceptions, and civil remedies.

New Section 8201 defines 'civil arrest' (arrest or detention not related to criminal law enforcement), 'courthouse' (any building where state judicial proceedings are conducted or judicial offices are housed), and 'Office of the Delaware Industrial Accident Board' (any Department of Labor office location where the Board conducts hearings).

New Section 8202 prohibits civil arrest while a person is going to, remaining at, or returning from a courthouse or Industrial Accident Board office, or while participating in or attending a judicial or administrative proceeding as a party, witness, attorney, or observer.

New Section 8203 creates two exceptions: (1) arrests made pursuant to a judicial order authorizing the arrest, and (2) civil arrests where law enforcement provides the presiding judge or administrative officer with advance written notice including the individual's name, nature of the violation, a copy of the citation or supporting paperwork, and the time and location of the attempted arrest.

New Section 8204 provides that judicial officers and Industrial Accident Board representatives may prohibit activities threatening access to courthouses; persons arrested in violation may seek habeas corpus; those who knowingly violate the notice requirement may be liable for false imprisonment; and courts may award attorney's fees and costs to prevailing parties.