The Delaware General Assembly on Friday passed the most consequential police reform bills in at least 50 years, requiring all law enforcement to follow the same uniform standards and publish investigations into substantiated claims of officer misconduct.
Lawmakers have tried − and failed − to pass legislation to reform the Law Enforcement Officers’ Bill of Rights for years. Delawareans, under this law, cannot access information about police misconduct.
Negotiations renewed after the murder of George Floyd in 2020, though talks at the time went nowhere.
Members of the legislative Black Caucus introduced two bills in June that had the support of law enforcement – yet the contempt of advocates, who feel both do little to fix transparency and accountability issues.
BACKGROUND:Delawareans can’t access police misconduct records. House lawmakers voted to change that
Lawmakers moved ahead to the dismay of organizations like the NAACP and the American Civil Liberties Union. Both bills received overwhelming bipartisan support.
The passage of these bills in the Senate on Friday comes just days after a former Wilmington police officer was found guilty of misdemeanor assault and felony tampering with public records. Samuel Waters smashed a man’s head against the wall of a Southbridge convenience store. He then lied in official reports about aspects of that arrest.
The bills now head to Gov. John Carney’s desk for signature. Here is what’s in each bill.
HB 205: The publishing of internal investigations
Police agencies would now be required to publish internal investigations into use-of-force and other substantiated allegations made against police officers. As of now, it’s nearly impossible for Delawareans to have access to any police misconduct records.
The bill, sponsored by House Majority Whip Melissa Minor-Brown, requires the publication of a “detailed narrative” regarding investigations into:
- An officer’s discharge of a firearm at a person.
- An officer’s use of force that results in serious physical injury.
- A sustained finding of sexual assault (committed or attempted) or sexual harassment.
- A sustained finding of dishonesty.
- A sustained finding of domestic violence.
These reports must be finished within 30 days of the completed investigation. An investigation also must be finalized regardless of the officer’s employment status. Complaints that are unsubstantiated will not be available to the public.
Law enforcement will also be required to annually report the number of formal investigations undertaken and the number of complaints that were resolved without a formal investigation.
They must report the number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding “or any other disposition.”
HB 206: Universal accreditation and police accountability boards
This bill changes the Council on Police Training, which holds hearings for disciplinary actions and can suspend or revoke an officer’s certification. (The group is being renamed to the Police Officer Standards and Training Commission.)
The commission will now, under this bill, have the authority to take action if an officer has a criminal past or has been decertified in a different jurisdiction. It can also issue subpoenas for witnesses, documents and any other evidence needed for a hearing. All decisions made by the commission will be public.
The makeup of the commission will also change. The number of governor-appointed public members changes from two to three and establishes eligibility standards. This includes that no governor-appointed member can be a current or former member of law enforcement or affiliated with law enforcement.
Police departments would also be required to establish an accountability board, providing advice on issues of policy and training. The makeup of these boards would be similar to the commission.
