2021 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 20. Uniform Electronic Recordation of Custodial Interrogations Act [Effective Aug. 8, 2022].
§ 2009. Exception for equipment malfunction [Effective Aug. 8, 2022].

(a) All or part of a custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.

(b) If both audio and video recording of a custodial interrogation are otherwise required by § 2003 of this title, recording may be by audio alone or by the use of a body-worn camera if a technical problem in the video recording equipment prevents video recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.

(c) If both audio and video recording of a custodial interrogation are otherwise required by § 2003 of this title, recording may be by video alone or by the use of a body-worn camera if a technical problem in the audio recording equipment prevents audio recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.

(d) If a law-enforcement officer conducts a custodial interrogation under this section, the law-enforcement officer shall prepare a written or electronic report explaining the reasoning for the malfunction, to the best of the officer's knowledge, and summarizing the custodial interrogation process and the individual's statements. The law-enforcement officer shall prepare the report as soon as practicable after completing the interrogation.