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DE HB215
Bill
Status
11/8/2021
Primary Sponsor
Melissa Minor-Brown
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AI Summary
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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.
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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.
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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.
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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.
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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