Confessions are powerful evidence of guilt. This Act adopts the Uniform Law Commission's Uniform Electronic Recordation of Custodial Interrogations Act to promote truth-finding, promote efficiency, and protect constitutional values. To accomplish this, this Act mandates audio recording or audio and video recording of the custodial interrogation process by law enforcement when the interrogation relates to a crime described in § 4201(c) of Title 11, which designates certain crimes as violent felonies, or to a delinquent act. Recognizing that a blanket requirement of recording electronically all interrogation is not feasible, this Act provides 6 exceptions to the recording mandate: (1) exigent circumstances, (2) an individual's refusal to be recorded, (3) interrogations occurring in other jurisdictions, (4) when the interrogator reasonably believes that the offense involved is not one the Act mandates must be recorded, (5) when the interrogator or interrogator's supervisor reasonably believes electronic recording would reveal a confidential informant's identity or jeopardize the safety of the officer, the person interrogated, or another individual, and (6) equipment malfunctions. Further, this Act requires the prosecution to notify the defense of an intention to introduce an unrecorded statement and of the exception that permitted the lack of recording. This Act requires the prosecution to prove by a preponderance of the evidence that an exception applies. This Act also prescribes remedies for violations of the electronic recording requirement, including the giving of a cautionary instruction to the jury. Finally, this Act requires the Attorney General to adopt rules to implement this Act, which are to be enforced by each law enforcement agency.
Sponsored bills
This Act allows for juniors and seniors majoring in education at a Delaware college or university to be paid $83 per day as substitute teachers, the same rate paid to those who hold a bachelor's degree but not a teaching license. This will encourage education students to gain some field experience, while also incentivizing a larger pool of potential substitute teachers to address a growing difficulty in finding qualified, reliable substitute teachers for our schools.
This Senate Concurrent Resolution urges the Congress of the United States to enact legislation that would reinstate the separation of commercial and investment banking functions that were in effect under the Glass-Steagall Act (Banking Act of 1933). Federal legislation based on the Glass-Steagall precedent is needed in order to prohibit commercial banks and bank holding companies from investing in stocks, underwriting securities, or investing in or acting as guarantors to derivative transactions, in order to prevent American taxpayers from being called upon to fund hundreds of billions of dollars to bail out financial institutions.
This Act includes Department of Transportation employees who work on interstate, expressway, arterial, and collector roads in the classification of employees who are eligible to receive hazardous duty pay. This Act contains a delayed effective date provision to ensure this Act takes effect in fiscal year 2019. Funding for this Act will be drawn from funds that would not violate Article VIII, § 12. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Resolution recognizes March 19th as Celebrating Women in Public Office Day in Delaware.
This bill creates an Abandoned Cultural Property Act. The act allows museums to establish title to property that has been donated or left with the museum after any loan period has terminated and the lender cannot be found. Currently such assets drain the museum resources by taking up space and having to be cared for. Museums need a process by which they can establish clear title to abandoned, unclaimed, or unsolicited property. This law will allow more efficient use of museum funds and will assist museums to conserve, display, and ethically dispose of abandoned, unclaimed, or unsolicited property. This bill is modeled after Indiana's law. Delaware is 1 of only 4 states that has no law relating to Abandoned Cultural Property.
This Senate Resolution designates March as “Eating Disorders Awareness and Prevention Month” in Delaware and encourages the Department of Health and Social Services to research methods to prevent and raise awareness of eating disorders.
This Bill modifies the impact of criminal history on an applicant's eligibility for licensure. It gives the Board discretion to grant waivers for a felony convictions for crimes committed against a person where more than 3 years have elapsed, and more than 2 years have elapsed for other felonies. The Board is precluded from considering a conviction where more than 10 years have elapsed since date of conviction. The Bill authorizes the Delaware Department of Correction to establish prison barbering training programs. These programs will provide a means for inmates to satisfy licensure requirements while incarcerated and help with employment opportunities upon release.
This Concurrent Resolution does all of the following: (1) Expresses the General Assembly’s opposition to the Federal Communications Commission’s repeal of net neutrality rules (“the repeal”). (2) Urges the United States Congress to either review the repeal as permitted under the Congressional Review Act, within 60 days of receipt of the Federal Communications Commission’s order as required by the Act, or enact legislation reinstating and requiring the preservation of net neutrality. (3) Requests that the Secretary of the Senate to send copies of this Resolution to the Speaker of the U.S. House of Representatives, U.S. House of Representatives Minority Leader, U.S. Senate Majority Leader, U.S. Senate Minority Leader, and the Members of Delaware's Congressional Delegation.
This bill updates Title 26 relating to the requirements for obtaining a certificate to operate in Delaware as a new electric transmission utility. This bill uses language similar to certificate requirements for water, wastewater, and other utility services under the jurisdiction of the Public Service Commission (“Commission”). Due to recent changes in federal law, certain projects will now be available to entities both in and out of state. In order to perform this type of work in Delaware, a company will need to obtain a certificate from the Commission. Currently, there are no qualifications defined for the Commission to assess the impact a project of this nature will have on Delaware and its citizens. This bill will provide the Commission with the necessary authority to assess that impact and revoke a certificate in the future for good cause.