2021 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 20. Uniform Electronic Recordation of Custodial Interrogations Act [Effective Aug. 8, 2022].
§ 2003. Electronic recording requirement [Effective Aug. 8, 2022].
(a) Except as otherwise provided by §§ 2005 through 2009 of this title, a custodial interrogation at a place of detention, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiver of any rights by the individual, must be recorded electronically in its entirety if the interrogation relates to a crime or delinquent act. A custodial interrogation must be recorded as follows:
(1) If the custodial detention occurs at a jail, police station, or holding cell by audio and video means.
(2) If the custodial detention occurs in a police vehicle, at a school for a child, in a correctional or detention facility, or at any other place of detention other than a place of detention under paragraph (a)(1) of this section, by audio means or by the use of a body-worn camera at a minimum.
(b) If a law-enforcement officer conducts a custodial interrogation to which subsection (a) of this section applies without electronically recording it in its entirety, the officer shall prepare a written or electronic report explaining the reason for not complying with this section and summarizing the custodial interrogation process and the individual's statements.
(c) A law-enforcement officer shall prepare the report required by subsection (b) of this section as soon as practicable after completing the interrogation.
(d) As soon as practicable, a law-enforcement officer conducting a custodial interrogation outside a place of detention shall prepare a written or electronic report explaining the decision to interrogate outside a place of detention and summarizing the custodial interrogation process and the individual's statements outside a place of detention.
(e) This section does not apply to a spontaneous statement made outside the course of a custodial interrogation or a statement made in response to a question asked routinely during the processing of the arrest of an individual.
83 Del. Laws, c. 260, § 1;
