By Matt Bittle

DOVER — Two legislative committees advanced bills aimed at police reform Wednesday.

Senate Bills 147 and 148 moved through the House Public Safety & Homeland Security Committee, setting them up for what could be the final hurdle before becoming law, while Senate Bill 149, which has yet to receive a vote in either chamber, was approved by the Senate Judiciary Committee.

Senate Bill 149 would revamp the Law Enforcement Officers’ Bill of Rights to add more transparency to policing. Senate Bill 148 would expand the Division of Civil Rights and Public Trust’s authority, directing it to investigate incidents involving officers that cause not just fatalities but also serious physical injury and to track the races of officers and suspects involved in such situations. Senate Bill 147 would add the word “reasonably” to the section of state law governing police use of force, requiring a law enforcement officer not just to think danger is imminent but to reasonably believe force is needed for self-defense or to protect others.

Police bill of rights

Senate Bill 149, the most controversial and wide-ranging of the three proposals, would make police misconduct records, currently available only to attorneys in civil suits, publicly accessible. Delaware is the lone state with a specific confidentiality clause in its police bill of rights.

The legislation would let any state agency, county or municipality that operates a law enforcement agency form a community review board to hear and decide police disciplinary matters.

Such incidents are generally handled “in-house,” which has prompted criticism over what many see as a lack of transparency and accountability.

Allowing police misconduct records to be accessed outside of civil lawsuits could enable criminal defense attorneys to establish a pattern of misbehavior and abuse of office.

Supporters have cited the case of Thomas Webster, a former member of the Dover Police Department who was criminally charged but acquitted in 2015 for breaking a Black suspect’s jaw with a kick during an arrest and was later hired by the Greensboro (Maryland) Police Department. Mr. Webster, who was involved in the death of a Black man during a 2019 arrest, had 29 use-of-force complaints that were not disclosed to the state of Maryland when he was hired.

On Wednesday, about three dozen people testified on the measure, with approximately 90% urging lawmakers to pass it. The Senate Judiciary Committee then voted to send the bill to the full chamber.

One of the recurring themes of public testimony was the wide sense of mistrust around police, particularly in counting on them to appropriately discipline officers who misbehave or abuse their authority. The legislation, supporters said, will help improve those fractured relations between police and communities, especially those of color.

“You are seeing a generation of youth who believe this profession lacks integrity and honor,” Cyndie Romer said.

Passed in 1985, Delaware’s police bill of rights was intended to prevent capricious punishment of individual officers by chiefs, but critics say it has eroded public trust and reduced transparency among law enforcement.

A 2017 survey from the Pew Research Center found 72% of law enforcement members across the country believe their departments do a poor job of holding officers accountable.

Several individuals said Wednesday they support police but also believe reforms like those in the bill are necessary.

“It does not make sense to me ... why a so-called good cop would not be interested in legislation that prevents their names from being drug through the mud,” Kristina Kelly told the committee. “It doesn’t make any sense. This legislation does absolutely nothing to hurt a quote-unquote good cop.”

Sen. Sarah McBride, a Wilmington Democrat, urged law enforcement to take real steps toward reform instead of leaving it up to the public to take the initiative and be willing to compromise.

“The system, the laws in place right now proactively serve to undermine public trust by preventing access to this relevant, potentially life-saving information,” she said.

The few people to speak against the measure included the chairman of the Delaware Police Chiefs’ Council and the president of the Fraternal Order of Police, both of whom expressed support for transparency but shared concerns the bill goes too far and removes critical protections from law enforcement.

Jami Jackson sounded a similar note, arguing the bill could allow the release of false allegations that would hurt the reputations of individual officers.

“Repealing basic due process from the entire profession does not solve the concerns of the community,” she said.

Representatives from the FOP and the Police Chiefs’ Council pledged to continue working with the sponsor to try to find a compromise agreeable to all, although they noted previous discussions did not result in changes to the legislation.

“We won’t get it right if we try to rush it through,” Police Chiefs’ Council Chairman Patrick Ogden said. “Let’s take a breath and get it right.”

In response to his concerns about the process being rushed, Coby Owens delivered a passionate speech emphasizing the measure’s urgency: “This is nothing new. This isn’t being rushed. This is coming from a longstanding broken relationship between communities and the police.”

The bill, in addition to the two heard in a House committee, build on proposals from the Delaware Legislative Black Caucus, as well as a task force that has been reviewing police accountability and potential changes over the past year. The caucus unveiled reform legislation last June after the murder of George Floyd by Minneapolis police officer Derek Chauvin, an incident that sparked mass outrage and protests around the globe.

A few members of the public referenced Mr. Floyd’s high-profile killing Wednesday, while Rebecca Cotto used her allotted time to recite the names of dozens of Black Americans killed at the hands of police in recent years.

“This has been sorely needed for over 30 years,” Jakim Mohammed told the committee. “You cannot trust the police departments to police themselves.”

Other reform bills

Meanwhile, the House Judiciary Committee approved Senate Bills 147 and 148, which passed the Senate on party lines last week. There was a bit of drama, as a motion to table Senate Bill 147 fell just short before committee members then voted it out.

There were significantly fewer speakers than on Senate Bill 149, although the two measures saw more opposition.

Rep. Steve Smyk, a Milton Republican and former state trooper, argued civilians lack the expertise police have and cannot accurately judge a situation in retrospect, including whether a law enforcement officer was justified in utilizing force.

“Appears to me as an opportunity for some Monday morning quarterback,” he said.

A representative from the Department of Justice noted whether use of force was reasonable would ultimately be decided by a jury if criminal charges stemming from that incident were brought. The reasonable standard is based on evidence and the facts of the case, Division of Civil Rights and Public Trust Director Mark Denney said, noting each case is different.

But several people questioned if the requirement that a person “reasonably” believes he or she or someone else is in danger would make them criminals if they had to use self-defense.

“It’s a clear attack on law-abiding citizens and police’s ability to protect law-abiding citizens,” Jeremy Malin said.

The chief House sponsor strongly pushed back against those claims.

“People in Delaware have to start reading and start doing some homework and understanding the individuals and the actual legislation that’s before them and stop reading Facebook,” said Rep. Sherry Dorsey Walker, a Democrat from Wilmington.

The proposal instructing the Division of Civil Rights and Public Trust to investigate more police-involved incidents also received criticism from a few individuals. Jessica Garrison described it as “race-baiting,” and Paul Johnston defended police in Delaware as “bipartisan” and not focused on race.

“All this does is add more fuel to the fire,” Mr. Johnston said.

Both Senate Bills 147 and 148 have support from law enforcement.