Delaware Crime Reporting Looks Different: What You Need to Know About HB 59

DELAWARE – Reports on criminal activity in Delaware will start to look different on Oct. 21 as House Bill (HB) 59 takes effect, limiting the amount of information law enforcement agencies can disclose to the public about arrestees. Here’s what you need to know about the newly enacted legislation.

What is HB 59?

HB 59 was signed into law by Governor Matt Meyer on Jul. 23. It amends Title 11 of the Delaware Code relating to the release and publication of photographs and names of individuals charged with crimes.

The law previously prohibited the publication of the name and mugshot of a juvenile suspect, unless the suspect was charged with a violent felony and the publication was necessary to protect the public’s safety. Now, with the HB 59 in effect, that law encompasses adult suspects as well. It is important to note that the statute does not define necessary, public, or public safety.

Delaware Department of Justice Memo

Director of External Affairs for the Delaware Department of Justice (DDOJ), Mat Marshall, shared a memo with Delaware’s law enforcement PIOs and members of the press ahead of HB 59’s enactment. In a letter to the agencies attached to the memo, Marshall acknowledged that the new legislation raises many open questions, but refrained from offering concrete instructions on how to approach its implementation. Ultimately, he instructed agencies to work with their command leadership and legal counsel to find the policy that works best for their department.

“Each of our offices must balance our statutory obligations with our public safety mission, our transparency posture, and our professional relationship with the media,” Marshall wrote. “We are all recalibrating that balance under this law.”

The memo also advised that DDOJ Communications Team will treat safety concerns stemming from the targeting of a specific individual as a strong supporting basis for the release of identifying information. Good-faith concerns for unidentified victims will be treated similarly.

How does this impact my local law enforcement agency?

The statute affects criminal charge disclosures for every state and local law enforcement agency in Delaware. According to the DDOJ memo, it has no new impact on civil or administrative violations, courts, federal agencies, or private actors. Identifying information will still be provided for convictions, guilty pleas, and sentencings.

Additionally, the statute does not prohibit the release of names or photographs for persons of interest or suspects who have not yet been charged. Further, the DDOJ’s memo asserts the statute “clearly permits agencies to identify defendants with active warrants for violent felonies” provided that the disclosing agency fears for the public’s safety.

“For example, law enforcement agencies may name and depict an at-large defendant in a murder or a kidnapping,” the memo offered.

How does this impact my local news outlets?

In regards to disclosing information to the media, the memo advised law enforcement agencies of the following:

The language of HB 59 (“or cause to be released”) appears to extend law enforcement’s disclosure/non-disclosure policies to media responses. Law enforcement agencies should decline to identify, or confirm identities of, defendants in disqualified cases. Similarly, impacted agencies may not cause other individuals or entities… to disclose defendants’ identities if disclosure is not otherwise permitted by the statute.

As a result, media outlets across Delmarva and beyond are working to navigate the new changes. At WMDT, one way our team is reacting to this change is by placing the following disclaimer on our crime articleS originating out of incidents in Delaware:

DISCLAIMER: Due to the passage of House Bill 59 in Delaware, law enforcement agencies in Delaware are prohibited from releasing the names and mugshots of arrested individuals, unless they are charged with a felony and deemed a threat to public safety. As such, the individual cited in this article has not been identified to public media outlets. 

We will continue reporting on the stories that impact our local community with the information we are provided and/or are able to retrieve.