DOVER, Del. - Lawmakers have filed two bills that, if passed, would make large changes to Delaware's Law Enforcement Officers' Bill of Rights in a generation. They would change the way disciplinary cases are handled and publicly disclosed, and give the public a role in setting the standards for police officers and holding those who violate those standards accountable.
Officials say that the bills would increase transparency for a system that has been criticized for its secretive nature. They say this would be done by requiring the public disclosure of certain findings against officers, mandating the sharing of certain reports with defense attorneys, and providing for local police accountability boards that include individuals or their family members who have been impacted by the criminal justice system.
“The bills we’re filing today represent an important step forward in criminal justice reform, a fight we began nearly three years ago to the day to seek systemic change and tackle injustices and inadequacies in our laws. We have made significant progress through the Delaware Legislative Black Caucus’ Justice for All Agenda, and this is another piece,” said House Majority Whip Melissa Minor-Brown, the lead sponsor of the bill revising the Law Enforcement Officers’ Bill of Rights.
“There have been numerous conversations, attempts and false starts at moving forward with LEOBOR reform on both sides of Legislative Hall. What we have brought forward is serious, meaningful legislation that will make a real impact. These bills will increase transparency and public reporting, hold officers accountable, formalize the entire process, and give people who have been part of the criminal justice system a voice and a seat at the table.
“As a black woman whose family members have had encounters with law enforcement and the criminal justice system, I understand the real challenges our community faces and the need to fix these problems. I also know how critical it is to take those first steps and build a base as we continue to pursue more reforms. These bills move us forward and end years of stagnation on this issue.”
House Bill 205, which is sponsored by Representative Minor-Brown, would make changes to the Law Enforcement Officers' Bill of Rights. Officials say the bill would distinguish between what is considered a formal investigation, and what is considered an informal inquiry, with each still requiring to follow both state and federal law.
They say it would establish the idea of "sustained findings" which is a violation of law, rule, policy, regulation or guideline determined by a “preponderance of the evidence,” meaning more probably true than not. HB 205 would require investigating agencies to prepare a detailed public report of its internal investigation of any case involving:
- An officer’s discharge of a firearm.
- An officer’s use of force that results in serious physical injury.
- A sustained finding of sexual assault.
- A sustained finding of dishonesty related to the reporting, investigation, or prosecution of a crime, or to the reporting, or investigation of, misconduct by another law-enforcement officer.
- A sustained finding of domestic violence.
They say the reports would be posted on the Police Officer Standards and Training Commission’s (currently the Council on Policy Training) website.
As part of HB 205, officials say LEOBOR would be renamed to Police Officer's Due Process, Accountability, and Transparency.
HB 205 also requires that investigations are completed regardless of employment status, also requiring resignations or retirements during the investigation be included.
The bill also requires defense attorneys in a criminal or delinquency case be provided all records relating to sustained findings of misconduct relating to perjury, intentional false statements or false reports, or destruction, falsification, or concealment of evidence by an officer who participated in the investigation or prosecution at their request.
“Three years have passed since George Floyd’s murder sparked the greatest civil unrest our state has seen in decade, and three years have passed since we vowed to address the systemic racial injustice and police brutality that have impacted people of color for far too long,” Senate Majority Whip Elizabeth Tizzy Lockman, the Senate prime sponsor of HB 205.
“Since that day, we have banned police from using chokeholds, made body cameras mandatory and required a video record of all police interrogation,” she said. “And now, three years later, the time has finally come for us to take the next meaningful step toward fulfilling our promise to remove the systemic barriers that continue to protect law enforcement officers when they betray the public’s trust. Our communities and the police officers who protect them deserve better. That’s why I am committed to getting these bills signed into law this year.”
HB 205 would also require law enforcement agencies to annually submit their detailed narratives, among other information to the Criminal Justice Council, which would publicly post them. The other information that would be required for submission includes:
- The number of public complaints and internal complaints relating to police misconduct that the department received each year, broken down by subject matter of the complaint.
- The number of formal investigations undertaken by the department each year, and the number of complaints resolved without a formal investigation.
- The number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding, or any other disposition.
They say the these records must be preserved for at least 25 years.
“Every year that passes without progress on this issue is another year that Delaware’s police records laws remain some of the least transparent in America,” said Attorney General Kathy Jennings. “I’ve been working in support of this effort for more than three years and I’ve seen firsthand how hard and how persistently all sides have worked to come to this agreement. I applaud the strong collaboration between the legislature, law enforcement, and the communities we serve. This bill represents historic progress in our state’s efforts to open up the Law Enforcement Officer’s Bill of Rights and proves that even on contentious issues, progress is always possible.”
House Bill 206, which is sponsored by Representative Kendra Johnson, would make changes to the Council on Police Training, renaming it to the Police Officer Standards and Training Commission in the process. They say the panel has two roles:
- To establish training standards for Delaware Police Officers
- To oversee allegations of police officer misconduct and conducting hearings for possible suspensions or de-certifications. These decisions would be publicly available documents.
HB 206 would also increase the number of governor-appointed public members to the commission from two to three and institute eligibility standards for them, says officials. They would require one to be a religious leader from the community who has experience with re-entry, with the other two members impacted directly or are immediate family members or caregivers of those impacted by the juvenile or adult criminal justice system.
In addition to the other new powers, they say HB 206 would allow the commission to take action in cases where an officer has been decertified in another jurisdiction or has received probation before judgment with respect to a felony or any criminal offense involving theft, fraud, or violation of the public trust, or of any drug law.
Officials say that the commission would also be able to issue subpoenas for witnesses, documents, physical evidence or other evidence needed in connection with a hearing.
“The Council on Police Training plays a vital role in shaping police standards, training and discipline across the state. But an important voice has been missing: those who are intimately involved with or have been impacted by the criminal justice system. HB 206 addresses that by ensuring that public members of the commission have that experience and can bring it to the process,” said Rep. Johnson, D-Bear. “The bill also will address longstanding goals by requiring local accountability boards and increasing transparency and public access to various records, reports and data. These changes will allow the public to play a more direct role in holding officers accountable.”
According to officials, HB 206 would also require that all police departments establish, either individually or in combination with other departments, police accountability boards to provide advice to departments on policy, training and other issues relating to or affecting the department and the communities served by the department.
Similar to the Commission, they say the local boards would be recommended to include a religious leader from the community and at least two public members impacted directly, be it immediate family or caregivers, by the juvenile or adult criminal justice system.
“The Delaware Legislative Black Caucus’ ‘Justice For All Agenda’ created the Law Enforcement Accountability Task Force and from its recommendations legislation has been passed to ban strangleholds, establish body camera requirements, prohibit the release of juvenile mug shots, redefined the use of force directive and added serious physical injury eligibility for the review of cases, amongst other police reforms,” said Sen. Darius Brown, the lead Senate sponsor of HB 206.
“The Police Officer Standards and Training Commission (POST) continues the work of the ‘Justice For All Agenda’ during the 152nd General Assembly.”
Officials say HB 206 would also require that every police agency in the state be accredited by the Delaware Police Accreditation Commission by July 1, 2028. They say this means that police policies and procedures would be standardized across all of Delaware's 52 agencies, and would also be the first state to mandate accreditation.
They say the bill would also make technical changes that detach the commission from Delaware State Police. The commission would also be required to hold four meetings annually, instead of the current two.
Officials say that the new bills would build on previous police reform efforts, which includes the use of body cams, as statewide use-of-force standard, banning chokeholds, mandating the recording of custodial interrogations, prohibiting the use of deceptive tactics against juveniles, and mandating a minimum age of arrest and prosecution.
They say HBs 205 and 206 have been assigned to the House Public Safety & Homeland Security Committee. Both bills are scheduled to be heard in committee on Wednesday, June 7.