DELAWARE - A state law that limits the ability of law enforcement agencies to release information about criminal suspects to the public, including booking photos, could face a repeal in the next General Assembly.
House Bill 59 took effect Oct. 21. Since then, arrests have been made in high-profile cases including a Dover deadly shooting and the Newark Halloween night mass shooting. However, "mugshots" and names of adult suspects were withheld under the state law.
State Senator Eric Buckson admitted that he made a mistake in voting for the legislation during the early morning hours of the final day of session, also feels that he was misled about the law's implications.
Buckson said the bill was also put up for action without going through a committee hearing first. Regarding his vote, Buckson said on The Rick Jensen Show "I relied on kind of the wisdom and understanding of those in the room at that time. That was a mistake. That was my fault and I own it."
Under HB 59, police are generally prohibited from naming adult criminal suspects publicly "unless the individual is charged with or suspected of a felony and the release is necessary to protect the public’s safety." Buckson said he would seek a repeal of that section of the law.
Buckson said on the Senate floor he asked specifically if DSP, FOP tasked with implementing this legislation were in favor of it. "Without hesitation, the sponsor clarified 'yes,' they are," Buckson said.
Buckson also said that the confusion and opposition to the law is an example of what can happen when lawmakers rush through a stack of bills.
"The lesson learned is 'absolutely not, you put a bill on the floor without a committee and you don't want to have the agency directly charged with implementing this on board, present, so that they can answer questions, I'm out, completely out,' no matter how much I want to try to understand the bill, that is process that nobody thinks makes sense."
