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DE HB360
Bill
Status
6/18/2020
Primary Sponsor
Melissa Minor-Brown
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AI Summary
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Requires law enforcement officers to electronically record all custodial interrogations of children at places of detention, including warnings, rights advisories, and rights waivers.
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Mandates written or electronic reports from officers explaining reasons for non-compliance if interrogations are not recorded, prepared as soon as practicable after interrogation completion.
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Establishes exceptions to recording requirement for exigent circumstances, child refusal to participate if recorded, interrogations by other jurisdictions, equipment malfunction, safety concerns, and when officers lack knowledge that recording is required.
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Places burden of proof on prosecution to demonstrate by preponderance of evidence that an exception applies; requires courts to consider failure to record as factor in admissibility and allows cautionary jury instructions when unrecorded statements are admitted.
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Directs Attorney General to adopt rules addressing recording procedures, supervisory oversight, chain of custody, compliance sanctions, staff training, and video recording standards; becomes effective 6 months after enactment.
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To Electronic Recordation Of Custodial Interrogations Of Children.
Last Action
Introduced and Assigned to Judiciary Committee in House
6/18/2020