Rep. Sean Lynn

This Act prohibits arrest or detention by any person who does not have explicit statutory authority to carry out an arrest or detention. The intent of this provision is to eliminate any doubt that a “citizen’s arrest” is not permitted in Delaware. Peace officers have statutory authority to make arrests, as do federal law enforcement agents and out-of-state police under some circumstances. There is also limited authority to detain a person suspected of shoplifting provided to a merchant, store supervisor, agent or employee of a merchant in § 840 of Title 11; to detain a person suspected of unlawful recording by a motion picture theater owner, supervisor, agent or employee under § 858 of Title 11; and to detain a person suspected of unlawful acts with a video lottery machine by a video lottery agent or any of its officers, employees or agents under § 1474 of Title 11. This Act also deletes two outdated provisions of Chapter 65 of Title 11 that reference the exercise of arrest by private detectives. At the present time, private investigators do not have authority to make arrests in Delaware.

This Act eliminates authorization for a warrantless arrest by a private person in the case of an individual accused in the courts of another state of a felony. It also strikes a provision relating to the authority of an officer to command assistance in making arrests based on charges in another state. This bill is a successor to House Bill No. 76.

This Act prohibits law-enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations or share immigration enforcement related data. This Act is not intended to prevent a law-enforcement agency from working with the federal government on other public safety efforts.

This Act requires the permitting of an electric substation as an allowed conditional use in a heavy industrial zone under certain conditions set forth in the Act, including that the electrical substation is being constructed to support the operation of a proposed renewable energy generation project of 250 MW or greater. This Act is being given retroactive effect such that, if a county has previously denied an application for an electrical substation that would meet the requirements of this Act, then the application shall be deemed granted provided that the electrical substation meets the requirements of this Act.

This Act is the first leg of a constitutional amendment to prohibit the imposition of the death penalty. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. This Substitute for House Bill No. 35 makes technical corrections and omits the changes to § 12 of Article I to avoid confusion as there is a different currently pending amendment to that section.

This Act requires the Division of Civil Rights and Public Trust of the Department of Justice to submit a quarterly report to the General Assembly, Governor, and Office of Legislative Services detailing any request from a federal agency or entity for assistance from any State law enforcement agency related to any of the following: a. Information about the issuance of any driving privilege card from the Department of Transportation or Division of Motor Vehicles. b. Continuation or discontinuation of the Department of Education’s migrant education program and ensuring funding is set aside by the state in the event federal funding for migrant education is terminated. c. Stopping any individual based purely on suspicion of undocumented status. d. Assisting any federal immigration or law enforcement agency from any activity or operation in any school or church. e. School Resource Officer or constable assistance or participation in any federal law enforcement activity related to immigration. f. Dissemination of information about an undocumented student from the Department of Education and any Delaware school district. g. Release of information about an undocumented resident from the Department of Finance or Division of Revenue.

Like under House Bill No. 13 (HB 13) and House Substitute No. 1 for HB 13 (HS 1 for HB 13), this Act adjusts the existing personal income tax brackets and applicable tax rates. Under this Act, for taxable years beginning after December 31, 2025, taxable income between $60,000 and $150,000 will continue to be taxed at a rate of 6.6%, but taxable income above $150,000 will be taxed at higher rates. The result of the changes under this Act will be that those with a taxable income of $188,500 or less will see no increase in personal income taxes, with 94% of Delaware taxpayers receiving an overall tax decrease. Like HS 1 for HB 13, House Substitute No. 2 for HB 13 differs from HB 13 as follows: • Creates additional tax brackets for taxable income not in excess of $60,000. • Decreases the tax rate for all tax brackets for taxable income not in excess of $60,000. • Creates 3 additional tax brackets for taxable income above $60,000 instead of 2. • Names this Act the “The John Kowalko, Jr., Fairness in Taxation Act”. In addition, House Substitute No. 2 for HB 13 differs from HS 1 for HB 13 as follows: • Further decreases the tax rate for all tax brackets for taxable income not in excess of $60,000. • Revises the tax brackets so that tax rates increase for taxable income above $150,000 instead of $125,000. • Adjusts the personal income tax filing threshold to align with the revised tax brackets. • Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act identifies evidence that communications were sent relating to a security deposit. It also allows for the required communications to be sent electronically if it can be shown by the party utilizing electronic communications that the parties regularly communicated by a particular method and that the electronic communication was received by the other party.

This Act restricts school resource officers and school constables from cooperating with federal law enforcement agencies in immigration matters without permission from the Delaware Attorney General.

This House Concurrent Resolution celebrates the progress of the LGBTQ+ movement, recognizes the importance of establishing protections for the LGBTQ+ community, and acknowledges the month of June 2025 as LGBTQ+ Pride Month in the State of Delaware.