CHAPTER 482

FORMERLY

SENATE BILL NO. 471

AN ACT TO AMEND SECTION 840, SUBPART D, SUBCHAPTER III, CHAPTER 5, TITLE 11, DELAWARE CODE, RELATING TO SHOPLIFTING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §840, Subpart D, Subchapter III, Chapter 5, Title 11, Delaware Code, by striking subsections (c) and (d) of said section and substituting in lieu thereof the following:

"(c) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who has probable cause for believing that a person has intentionally concealed unpurchased merchandise or has committed shoplifting as defined in subsection (a) of this section, may, for the purpose of summoning a law enforcement officer, take the person into custody and detain him in a reasonable manner on the premises for a reasonable time.

(d) A merchant, a store supervisor, agent or employee of the merchant 18 years of age or older, who detains or a merchant, a store supervisor, agent or employee of the merchant who causes or provides information leading to the arrest of any person under the provisions of subsections (a), (b), or (c) of this section shall not be held civilly or arrest provided he had probable cause to believe shoplifting as defined in Approved July 11, 1978. or criminally liable for such detention at the time of such detention or arrest that the person committed the crime of subsection (a) of this section."

Approved July 11, 1978