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DE HB215

Bill

Status

Passed

11/8/2021

Primary Sponsor

Melissa Minor-Brown

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • Requires law enforcement to electronically record custodial interrogations at places of detention in their entirety, including warnings and rights waivers, for crimes and delinquent acts.

  • Mandates audio and video recording for interrogations at jails, police stations, and holding cells; requires audio recording or body-worn camera for police vehicles, schools, and other detention facilities.

  • Permits exceptions to recording requirements for exigent circumstances, equipment malfunctions, individual refusal to be recorded, safety concerns, and interrogations conducted outside Delaware in compliance with other jurisdictions' laws.

  • Requires law enforcement to prepare written reports explaining reasons for non-compliance with recording requirements and to provide prosecution notice if unrecorded statements will be introduced at trial.

  • Directs the Council on Police Training to adopt rules for implementation and allows courts to consider failure to record when determining statement admissibility; takes effect 9 months after enactment.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Electronic Recordation Of Custodial Interrogations.

Last Action

Signed by Governor

11/8/2021

Committee Referrals

Judiciary6/22/2021
Judiciary5/27/2021

Full Bill Text

No bill text available