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DE SB130
Bill
Status
5/31/2019
Primary Sponsor
Darius Brown
Click for details
AI Summary
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Mandates audio or audio-video recording of all custodial interrogations at places of detention relating to crimes, including the giving of warnings, advice of rights, and any waivers.
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Establishes 6 exceptions to the recording requirement: exigent circumstances, individual's refusal to be recorded, interrogations in other jurisdictions, reasonable belief recording not required, safety/confidential informant concerns, and equipment malfunctions.
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Requires law enforcement to file written reports explaining reasons for non-compliance with recording requirements and summarizing interrogations conducted outside places of detention.
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Requires prosecution to prove by preponderance of the evidence that an exception applies and to notify defendants of intent to introduce unrecorded statements; authorizes courts to give cautionary jury instructions for unrecorded statements.
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Directs Attorney General to adopt rules for implementation addressing recording procedures, supervisor review, chain of custody, video recording standards, and administrative accountability measures; takes effect 6 months after enactment.
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 Committee in Senate
5/31/2019