Delaware House passes minimum-age prosecution and police body camera bills

Delaware State News
Posted 6/18/21

DOVER — House lawmakers passed two bills Thursday that would continue ongoing efforts to revamp Delaware’s criminal justice system by increasing transparency and ensuring that young …

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Delaware House passes minimum-age prosecution and police body camera bills

Posted

DOVER — House lawmakers passed two bills Thursday that would continue ongoing efforts to revamp Delaware’s criminal justice system by increasing transparency and ensuring that young children aren’t saddled with criminal charges for minor offenses.

Sponsored by Rep. Sherry Dorsey Walker, House Bill 195 would require law enforcement officers and certain employees of both the Department of Correction and Department of Services for Children, Youth & Their Families to wear a body-worn camera and to use it to record their interactions with members of the public. The bill also would instruct the Council on Police Training to create regulations and standards for the use of body-worn cameras by all law enforcement officers in Delaware.

“Body-worn cameras have the ability to be a game-changer in police-community relations. They greatly improve transparency and accountability while providing increased protection for both the police and the community,” said Rep. Dorsey Walker, D-Wilmington. “This legislation is the result of a collaborative effort between the community, police, Department of Justice and lawmakers. I’m grateful to all of the entities for working together so that we can realize one of the Delaware Legislative Black Caucus’ Justice for All Agenda priorities and implement universal body camera usage throughout our state.”

Body-worn cameras provide increased accountability, transparency and community trust by preserving an accurate recording of a person’s interactions with law enforcement. Americans overwhelmingly support the use of body-worn cameras. A 2020 poll found that 88% of respondents said they supported body cameras.

HB 195 is part of Delaware Legislative Black Caucus’ Justice for All Agenda, a multi-step plan unveiled in June 2020 in the wake of the murder of George Floyd and other prominent deaths involving Black Americans.

“Equipping police officers with body-worn cameras will help protect them and the community by preserving an accurate record of all interactions for everyone’s safety,” said Sen. Darius Brown, D-Wilmington, the Senate prime sponsor of HB 195. “The Delaware Legislative Black Caucus made a commitment last summer to advance legislation that improves transparency and accountability. This legislation, with the support of the Governor and many of my colleagues in the Legislature, does both of those things. I look forward to passing HB 195 in both chambers before the month is over.”

HB 195 instructs the Council on Police Training to create regulations and standards for body-worn camera use and present to the attorney general by Jan. 15, 2022. The bill would add the chairs of the House and Senate Public Safety Committees and two members of the public — appointed by the governor and not law enforcement officers or affiliated with law enforcement — to the council, and would require the council to hold at least two public meetings to solicit public input into the development of the regulations.

Under HB 195, state agencies would be required to implement the statewide body-worn camera program once through the procurement of cameras, development of a central data storage program, and hiring necessary personnel are completed, as funding is available. Gov. John Carney’s proposed fiscal 2022 budget includes $3.6 million for development and deployment of body cameras: $1.6 million for additional police body cameras and an additional $2 million for data storage and personnel costs.

Nearly half of Delaware’s 46 police agencies, including New Castle County, Newark and Milford police departments, use body cameras, with Wilmington and Dover police departments joining them soon. However, there is no universal, mandatory policy governing the use of body-worn cameras.

According to the National Conference of State Legislatures, only seven states currently mandate the statewide use of body-worn cameras by law enforcement officers. Six of those states have enacted those policies since May 2020.

The House also passed House Bill 115 Thursday. Sponsored by Rep. Nnamdi Chukwuocha, the measure would end the prosecution of children under 12, except for the most serious charges, and would bar transferring juveniles under 16 to Superior Court.

Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie.

“Adolescents’ brains aren’t fully developed until they’re in their mid-20s, so charging 10-year-olds with crimes only damages the child’s future. Too many lives have been sent down a dark path because of a youthful mistake,” said Rep. Chukwuocha, D-Wilmington. “There are better ways to hold young children accountable for minor incidents without causing lifelong problems by putting them into the criminal justice system at such a young age.”

Under HB 115, juveniles under 12 could only be criminally charged with serious offenses such as murder, first- or second-degree rape or using a firearm. Juveniles under 12 who otherwise would be charged with less serious offenses would be referred to the Juvenile Offender Civil Citation Program.

“Our laws do not, and should not, treat children the same as adults for the simple reason that they are not the same physiologically, emotionally or developmentally,” said Senate Majority Leader Bryan Townsend, D-Newark, the Senate prime sponsor of HB 115. “The science on this is clear and should be reflected in our justice system. A child under the age of 12 who commits a crime short of the most egregious violent offenses is best served by interventions, support and a second chance, not a criminal sentence that will follow them for the rest of their lives.”

HB 195 and HB 115 head to the Senate for consideration.

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