Delaware House Bill 360 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 8-0)
Status: Introduced on June 18 2020 - 25% progression, died in committee
Action: 2020-06-18 - Introduced and Assigned to Judiciary Committee in House
Pending: House Judiciary Committee
Text: Latest bill text (Draft #1) [HTML]

This Bill amends Title 11 to require that custodial interrogations of children, at a place of detention, by a law enforcement officer, be electronically recorded. The Bill requires the law enforcement officer to prepare a written explanation if the interrogation is not electronically recorded. No electronic recording is required if the child refuses to be interrogated if the interrogation is recorded. The Bill contain an exception if the safety of the child, law enforcement officer or informant would be jeopardized. The prosecution has the burden of proving one of the Bill's exceptions for the admission of a child's statement that was not electronically recorded. Both law enforcement officer and agency have civil immunity for implementing and enforcing provisions of Bill. This Bill will become effective 6 months after enactment.

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

Rep. Melissa Minor-Brown [D]	Sen. Darius Brown [D]	Sen. Elizabeth Lockman [D]	Rep. Stephanie Bolden [D]
Rep. Nnamdi Chukwuocha [D]	Rep. Franklin Cooke [D]	Rep. Sherry Dorsey Walker [D]	Rep. Kendra Johnson [D]

Date	Chamber	Action
2020-06-18		Introduced and Assigned to Judiciary Committee in House

Type	Source
Summary	https://legis.delaware.gov/BillDetail?LegislationId=48160
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=48160&legislationTypeId=1&docTypeId=2&legislationName=HB360