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DE SB162
Bill
Status
3/20/2018
Primary Sponsor
Margaret Henry
Click for details
AI Summary
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Mandates electronic recording (audio or video) of custodial interrogations at places of detention for crimes designated as violent felonies under § 4201(c) and delinquent acts, including all warnings, rights advisories, and waivers.
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Establishes six exceptions to the recording requirement: exigent circumstances, individual's refusal to be recorded, interrogations in other jurisdictions, reasonable belief recording not required, safety concerns for informants or individuals, and equipment malfunction.
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Requires prosecution to notify defense of intent to introduce unrecorded statements and prove by preponderance of evidence that an applicable exception justifies non-recording.
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Mandates courts consider failure to record as a factor in determining statement admissibility and requires cautionary jury instructions when unrecorded statements are admitted.
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Requires Attorney General to adopt implementation rules addressing recording procedures, supervisor review, chain of command accountability, administrative sanctions, staffing/training duties, and chain of custody processes.
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To Electronic Recordation Of Custodial Interrogations.
Last Action
Introduced and Assigned to Judicial & Community Affairs Committee in Senate
3/20/2018