Delaware General Assembly

House Judiciary 6/18/20

The General Assembly has ended, the current status is the final status.

6/18/20

Minor-Brown

Sen. Brown, Lockman
Reps. Bolden, Chukwuocha, Cooke, Dorsey Walker, K. Johnson

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ELECTRONIC RECORDATION OF CUSTODIAL INTERROGATIONS OF CHILDREN.

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.

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Takes effect upon being signed into law

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