Delaware 151st General Assembly (2021-2022) Status: Enacted 18 D cosponsors

HB 243 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE RELEASE AND PUBLICATION OF THE NAME AND PHOTOGRAPH OF A JUVENILE.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced June 10, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 28 sponsors

    14 primary, 14 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (18 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This bill prohibits law-enforcement agencies from releasing or publishing or causing to be released or published the name of any juvenile or any image depicting a juvenile, including displaying such image on any publicly maintained social media page or website, unless the juvenile is charged with a violent felony, and release or publication of the photograph is necessary to protect the public’s safety.

Bill Text

What changed in the latest version

37 added · 15 removed

37 line(s) added, 15 removed.

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Previous
Latest
Cooke HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Cooke & Rep.
1 TO HOUSE BILL NO.
Bolden & Rep.
243 AMEND House Bill No.
Chukwuocha & Rep.
243 by inserting after line 8 and before line 9 the following and redesignating accordingly:
Dorsey Walker & Rep.
“( ) “Name of juvenile” means the name of a juvenile who has been arrested or suspected of committing a crime.” FURTHER AMEND House Bill No.
K.
243 on line 9 by inserting after “juvenile” and before “.” as they appear therein the following:
Johnson & Rep.
“who has been arrested or suspected of committing a crime”.
Lambert & Rep.
SYNOPSIS This amendment clarifies that the photographs and names of juveniles covered by HB 243 are those concerning or depicting a juvenile who has been arrested or suspected of committing a crime.
Longhurst & Rep.
This amendment will permit law enforcement agencies to continue to publish or release names and photographs of missing children and juveniles participating in law enforcement programs, such as youth academies or sports programs.
Lynn & Rep.
Minor-Brown & Rep.
S.
Moore & Sen.
Brown & Sen.
Lockman & Sen.
Lopez & Sen.
Pinkney Reps.
Baumbach, Bentz, Brady, Heffernan, Kowalko, Mitchell, Morrison, Ramone, K.
Williams, Wilson-Anton;
Sens.
S.
McBride, Sokola, Townsend, Walsh HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.
243 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE RELEASE AND PUBLICATION OF THE NAME AND PHOTOGRAPH OF A JUVENILE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 19, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1913.
Release and publication of the name and photograph of a juvenile.
(a) As used in this section:
(1) “Juvenile” means a child 17 years of age or younger.
(2) “Law-enforcement officer” means as defined in § 222 of this title.
(3) “Law enforcement agency” means any agency employing law-enforcement officers.
(4) “Mugshot” means a photograph of a suspect’s face or profile.
(5) “Photograph of a juvenile” means any image depicting a juvenile.
“Photograph of a juvenile” includes a mugshot.
(6) “Publish” means to disseminate to the public or produce or release for distribution.
“Publish” includes to display on any publicly maintained social media page or website.
(7) “Release” means to make available or accessible to the public.
(8) “Violent felony” means as defined in § 4201 of this title.
(b) No law-enforcement agency shall release or publish or cause to be released or published the name of a juvenile or a photograph of a juvenile unless all of the following applies:
(1) The juvenile is charged with a violent felony.
Show all 47 changed rows (7 more)
Previous
Latest
(2) Release or publication of the photograph or name of the juvenile is necessary to protect the public’s safety.
SYNOPSIS This bill prohibits law-enforcement agencies from releasing or publishing or causing to be released or published the name of any juvenile or any image depicting a juvenile, including displaying such image on any publicly maintained HD :
NSW :
MAW Page 1 of 2 Released:
06/10/2021 12:26 PM social media page or website, unless the juvenile is charged with a violent felony, and release or publication of the photograph is necessary to protect the public’s safety.
MAW Page 1 of 1 Released:
MAW Page 2 of 2 Released:
06/21/2021 12:23 PM 2141510346
06/10/2021 12:26 PM 2141510215
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Judiciary) in Senate with 3 Favorable, 2 On Its Merits

  4. Assigned to Judiciary Committee in Senate

  5. Passed By House. Votes: 41 YES

  6. Amendment HA 1 to HB 243 - Passed In House by Voice Vote

  7. Amendment HA 1 to HB 243 - Introduced and Placed With Bill

  8. Reported Out of Committee (Judiciary) in House with 1 Favorable, 8 On Its Merits

  9. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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14 sponsors · 14 co-sponsors · 34 not signed on

Sponsors (14)

Co-sponsors (14)

Not signed on (34)

34 members have not signed on to this bill.

Show all 34 →

"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

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 16000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 243 do?
This bill prohibits law-enforcement agencies from releasing or publishing or causing to be released or published the name of any juvenile or any image depicting a juvenile, including displaying such image on any publicly maintained social media page or website, unless the juvenile is charged with a violent felony, and release or publication of the photograph is necessary to protect the public’s safety.
Who sponsors HB 243?
HB 243 is sponsored by Franklin D. Cooke (Democratic), Darius J. Brown (Democratic), S. Elizabeth Lockman (Democratic), Marie Pinkney (Democratic), Nnamdi O. Chukwuocha (Democratic), Kendra Johnson (Democratic), Larry Lambert (Democratic), Sean M. Lynn (Democratic), Melissa Minor-Brown (Democratic), Sherae'a Moore (Democratic), David P. Sokola (Democratic), Bryan Townsend (Democratic), John "Jack" Walsh (Democratic), Debra Heffernan (Democratic), Eric Morrison (Democratic), Kimberly Williams (Democratic), Madinah Wilson-Anton (Democratic), Stephanie T. Bolden (Democratic), Michael Ramone, John L. Mitchell, John A. Kowalko, Gerald L. Brady, David Bentz, Paul S. Baumbach, Sarah McBride, Valerie Longhurst, Sherry Dorsey Walker, and Ernesto B Lopez.
What is the current status of HB 243?
This bill has been enacted into law. Introduced June 10, 2021. Enacted.
Where can I track HB 243?
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