HB 419 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CUSTODIAL INTERROGATIONS.

Minor-Brown HOUSE& OFRep. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Dorsey TOWalker HOUSE& BILLRep. NO.

419Heffernan AMEND& HouseSen. Bill No.

419Pinkney byReps. deleting lines 40 and 41 in their entirety and inserting in lieu thereof the following:

“(2)Baumbach, “DeceptiveGriffith, tactics”K. means stating evidence presently exists, knowing that it does not, or communicating promises of leniency in sentencing, charging, or pretrial release in order to induce a confession or other incriminating evidence.”.

FURTHERJohnson, AMENDKowalko, HouseLynn, BillMorrison; No.

419Sens. by deleting lines 45 through 47 and inserting in lieu thereof the following:

“(b)(1)Gay, ExceptLopez, asTownsend providedHOUSE inOF paragraphsREPRESENTATIVES (b)(2)151st andGENERAL (3)ASSEMBLY ofHOUSE thisBILL section,NO. a statement of a person, who at the time of the interrogation was under 18 years of age, is inadmissible in any criminal or delinquency court proceeding if it was made during a custodial interrogation in which deceptive tactics were used.

An419 inadmissibleAN statementACT underTO thisAMEND subsectionTITLE shall11 haveOF noTHE effectDELAWARE onCODE theRELATING admissibilityTO ofCUSTODIAL evidenceINTERROGATIONS. obtained as a result of the statement if the evidence would have been discovered through independent lawful means or if knowledge of the evidence was acquired through an independent source.

(2)BE AIT statementENACTED thatBY isTHE otherwiseGENERAL inadmissibleASSEMBLY underOF paragraphTHE (b)(1)STATE ofOF thisDELAWARE: section may be admitted if the State proves by a preponderance of the evidence that the statement is reliable and was not induced by the use of deceptive tactics.

(3)Section A1. statement that is otherwise inadmissible under this section may be admitted to impeach the defendant, if the State proves by a preponderance of the evidence that the statement is reliable and not induced by the use of deceptive tactics.”.

SYNOPSISAmend ThisChapter Amendment20, clarifiesTitle 11 of the definitionDelaware ofCode deception.by making deletions as shown by strike through and insertions as shown by underline as follows:

ThisChapter Amendment20. further clarifies that a statement obtained using deceptive tactics during a custodial interrogation of a minor is inadmissible in any criminal or delinquency court proceeding, unless the state can prove by a preponderance of evidence that the statement is reliable and was not induced using deceptive tactics.

AnUniform inadmissibleElectronic statementRecordation may also be used to impeach the defendant if the state can prove by a preponderance of evidenceCustodial thatInterrogations. the statement is reliable and was not induced using deceptive tactics.

AnyInterrogations evidenceAct. obtained because of the inadmissible statement remains admissible if it would have been discovered through lawful means or acquired through an independent source.

Subchapter 1.

Uniform Electronic Recordation of Custodial Interrogations Act § 2001.

Short title.

This chapter subchapter may be cited as the “Uniform Electronic Recordation of Custodial Interrogations Act.” § 2002.

Definitions.

For purposes of this subchapter:

chapter:

§ 2004.

Notice and consent not required.

Notwithstanding Chapter 24 of this title, a law enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated or to inform the individual that an electronic recording is being made of the interrogation.

This chapter subchapter does not permit a law enforcement officer or a law enforcement agency to record a private communication between an individual and the individual’s lawyer or a child and the child’s parent or guardian.

§ 2013.

Handling and preserving an electronic recording.

Each law enforcement agency in this State shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation and a report or other document required to be prepared under this chapter subchapter is identified, accessible, and preserved consistent with the law of this State governing the preservation of evidence in criminal and delinquency cases.

§ 2014.

Rules relating to electronic recording.

(a) The Council on Police Training shall adopt rules to implement this chapter, subchapter, which each law enforcement agency that is a governmental entity of this State shall enforce.

MAW Page 1 of 13 Released:

06/15/202205/10/2022 12:1901:18 PM 2141510746(b) The rules adopted under subsection (a) of this section must address all of the following topics:

(5) A supervisory system expressly imposing on individuals in specific positions a duty to ensure adequate staffing, education, training, and material resources to implement this chapter.

subchapter.

§ 2015.

Limitation of liability.

(a) A law enforcement agency that is a governmental entity in this State which has implemented procedures to enforce the rules adopted under § 2014 of this title and ensure compliance with this chapter subchapter is not subject to civil liability for damages arising from a violation of this chapter.

subchapter.