Delaware 151st General Assembly (2021-2022) Status: Introduced 12 D cosponsors

SB 149 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE LAW-ENFORCEMENT OFFICERS’ BILL OF RIGHTS.

Last action — was introduced and adopted in lieu of SB 149

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 151st General Assembly (2021-2022). It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Currently, Delaware is in the minority of states that bar public access to police misconduct records, and is the only state in the country with a specific confidentiality clause in its Law-Enforcement Officers’ Bill of Rights (“LEOBOR”). Under Delaware's LEOBOR (Chapter 92 of Title 11 of the Delaware Code) police misconduct records are secret and not accessible to the media or the public. This information is tremendously important. Law-enforcement officers are pillars of their community and often the most significant witnesses in criminal trials, where defendants can sometimes face the rest of their lives in prison. This Act would ensure that the public will have access to all serious and substantiated records of law-enforcement misconduct making our criminal justice system fairer and improving trust within our community. Public access, through Delaware’s Freedom of Information Act (Chapter 100 of Title 29 of the Delaware Code), will increase transparency and allow for more meaningful oversight. This Act adds affirmative language to LEOBOR that serious and substantiated law-enforcement disciplinary records are public records. And, this Act makes clear that the only materials that are released relate to disciplinary issues, and do not include personal information. Additionally, this Act makes changes to LEOBOR to increase transparency by enabling the creation and operation of effective community review boards at the State, county, and municipal level. These boards are critical to increasing public trust in the criminal justice system. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

Action History

  1. was introduced and adopted in lieu of SB 149

Sponsors

Sponsorship breakdown

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5 sponsors · 12 co-sponsors · 45 not signed on

Sponsors (5)

Co-sponsors (12)

Not signed on (45)

45 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 149 do?
Currently, Delaware is in the minority of states that bar public access to police misconduct records, and is the only state in the country with a specific confidentiality clause in its Law-Enforcement Officers’ Bill of Rights (“LEOBOR”). Under Delaware's LEOBOR (Chapter 92 of Title 11 of the Delaware Code) police misconduct records are secret and not accessible to the media or the public. This information is tremendously important. Law-enforcement officers are pillars of their community and often the most significant witnesses in criminal trials, where defendants can sometimes face the rest of their lives in prison. This Act would ensure that the public will have access to all serious and substantiated records of law-enforcement misconduct making our criminal justice system fairer and improving trust within our community. Public access, through Delaware’s Freedom of Information Act (Chapter 100 of Title 29 of the Delaware Code), will increase transparency and allow for more meaningful oversight. This Act adds affirmative language to LEOBOR that serious and substantiated law-enforcement disciplinary records are public records. And, this Act makes clear that the only materials that are released relate to disciplinary issues, and do not include personal information. Additionally, this Act makes changes to LEOBOR to increase transparency by enabling the creation and operation of effective community review boards at the State, county, and municipal level. These boards are critical to increasing public trust in the criminal justice system. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors SB 149?
SB 149 is sponsored by Kyle Evans Gay, Laura V. Sturgeon (Democratic), Bryan Townsend (Democratic), Larry Lambert (Democratic), Sean M. Lynn (Democratic), Eric Morrison (Democratic), S. Elizabeth Lockman (Democratic), Marie Pinkney (Democratic), Kendra Johnson (Democratic), Melissa Minor-Brown (Democratic), Stephanie L. Hansen (Democratic), Nicole Poore (Democratic), David P. Sokola (Democratic), Sarah McBride, Charles "Bud" M. Freel, David Bentz, and Paul S. Baumbach.
What is the current status of SB 149?
This bill died with 151st General Assembly (2021-2022). It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 149?
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