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SB291 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REPORTING AND REVIEW OF DEATHS OF INDIVIDUALS IN CUSTODY OF LAW ENFORCEMENT.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REPORTING AND REVIEW OF DEATHS OF INDIVIDUALS IN CUSTODY OF LAW ENFORCEMENT.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Pinkney
Last action
2026-05-21
Official status
House Judiciary 5/21/26
Effective date
Not listed

Plain English Breakdown

The bill summary and text do not provide specific details on the consequences of non-compliance regarding federal funding loss or restoration process.

Delaware Law on Reporting Deaths in Police Custody

This act updates Delaware's laws about reporting deaths of people who are under police custody, making sure all law enforcement agencies follow the rules and report these incidents to a central office.

What This Bill Does

  • Defines what it means for someone to be 'in custody' by law enforcement.
  • Requires law enforcement agencies to report any death that happens while someone is in their custody.
  • Sets up a system where the Criminal Justice Council checks if all agencies are following these rules and reports this information to state leaders.

Who It Names or Affects

  • Law enforcement agencies in Delaware
  • The people working at the Criminal Justice Council and Statistical Analysis Center

Terms To Know

Individual in custody
A person who is stopped, detained, arrested, or otherwise not free to leave an encounter with a police officer.
Law-enforcement agency
Any government body that has the authority to enforce laws and investigate criminal activities.

Limits and Unknowns

  • The bill does not specify what happens if someone in custody dies but is not reported.
  • It's unclear how much funding agencies will lose for non-compliance.
  • The exact process of restoring eligibility for federal funds after compliance is not detailed.

Bill History

  1. 2026-05-21 Delaware General Assembly

    Assigned to Judiciary Committee in House

  2. 2026-05-20 Delaware General Assembly

    Passed By Senate. Votes: 20 YES 1 ABSENT

  3. 2026-05-13 Delaware General Assembly

    Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits

  4. 2026-04-23 Delaware General Assembly

    Introduced and Assigned to Judiciary Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REPORTING AND REVIEW OF DEATHS OF INDIVIDUALS IN CUSTODY OF LAW ENFORCEMENT.
In 2013, Congress enacted the Death in Custody Reporting Act of 2013, 34 U.S.C. § 60105, which requires states to report to the U.S. Department of Justice the deaths of individuals who die in the custody of law enforcement. Failure to comply may result in the reduction of certain federal grant funds.

In 2024, the Criminal Justice Council, which is responsible for ensuring Delaware's participation in the data collection required by the Death in Custody Reporting Act of 2013, arranged for the Statistical Analysis Center to serve as the Criminal Justice Center's agent to coordinate and manage the logistics of this data collection. The Criminal Justice Council and Statistical Analysis Center issued guidance to law enforcement on the requirements of the Death in Custody Reporting Act of 2013 and the process and procedures to be used to comply with these reporting requirements.

This Act codifies the process and procedures established by the Criminal Justice Council and Statistical Analysis Center related to the reporting required by the Death in Custody Reporting Act of 2013. In addition, this Act requires compliance reporting and provides that a law-enforcement agency that fails to comply with this Act is ineligible for certain funding until the agency complies with this Act.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Sen. Pinkney & Rep. Gorman

Sens. Lockman, Sturgeon; Reps. Berry, Minor-Brown, Morrison, Osienski

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 291

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REPORTING AND REVIEW OF DEATHS OF INDIVIDUALS IN CUSTODY OF LAW ENFORCEMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part V, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 87A. Reporting and Review of Deaths of Individuals in Custody of Law Enforcement Agencies.

§ 8701A. Definitions.

For purposes of this chapter:

(1) “Correctional facility” means a facility operated for correctional purposes by the Department of Correction or the Department of Services for Children, Youth & Their Families or a facility operated for correctional purposes by a person contracted by the Department of Correction or the Department of Services for Children, Youth & Their Families.

(2) “Criminal Justice Council” means the public body created under Chapter 87 of this title.

(3)a. “Individual in custody” means an individual contacted by a law-enforcement officer while the individual is going about the individual’s business and who does not have the freedom to leave that encounter, regardless of whether the law-enforcement officer formally detains the individual.

b. “Individual in custody” includes an individual to whom any of the following apply:

1. The individual is being pursued by a law-enforcement officer.

2. The individual is stopped or detained by a law-enforcement officer.

3. The individual is in the process of being arrested by a law-enforcement officer.

4. The individual is placed under arrest by a law-enforcement officer.

5. While under arrest, the individual is in the secured custody of a law-enforcement officer.

6. While incarcerated, the individual is transported to or from any other location in the secured custody of a law enforcement officer.

7. The individual is incarcerated at a correctional facility.

(4)a. “Law-enforcement agency” means a governmental entity authorized to enforce criminal laws or investigate suspected criminal activity.

b. “Law-enforcement agency” includes the Department of Correction and the Division of Youth Rehabilitative Services of the Department of Services for Children, Youth & Their Families.

c. “Law-enforcement agency” does not include a law-enforcement officer.

(5) “Law-enforcement officer” means either of the following:

a. An individual employed by a law-enforcement agency whose responsibilities include enforcing criminal laws or investigating suspected criminal activity.

b. An individual acting at the request or direction of an individual described in paragraph (5)a. of this section.

(6) “Statistical Analysis Center” means the state agency created under Chapter 89 of this title.

§ 8702A. Duties of Criminal Justice Council and Statistical Analysis Center.

(a) The Criminal Justice Council shall ensure this State’s compliance with the Death in Custody Reporting Act of 2013, 34 U.S.C. Section 60105.

(b) The Statistical Analysis Center shall coordinate and manage the reporting related to the Death in Custody Reporting Act of 2013, 34 U.S.C. Section 60105, for the Criminal Justice Council.

§ 8703A. Reporting requirements for law-enforcement agencies.

(a) A law-enforcement agency shall do all of the following:

(1) If the death of an individual in custody occurs, report the death of the individual in custody to the Statistical Analysis Center as required by, and on a form provided by, the Statistical Analysis Center.

(2) Within 15 calendar days after the end of a federal fiscal year quarter, submit a quarterly affirmation form to the Statistical Analysis Center to affirm that the law enforcement agency did not have a death of an individual in custody.

(3) Respond in a reasonable time to requests from the Statistical Analysis Center for information regarding the death of an individual in custody of the law enforcement agency.

(b) A law-enforcement agency shall provide the Statistical Analysis Center with an individual employed by the law-enforcement agency to serve as a point of contact for the information required under subsection (a) of this section.

§ 8704A. Compliance reporting.

(a) On or before December 1 of each year, the Criminal Justice Council shall do all of the following:

(1) Prepare a report including all of the following information:

a. Compliance with the submission of the reports required under § 8703A(a) of this title by law-enforcement agencies.

b. Compliance with the submission of the report required under the Death in Custody Reporting Act of 2013, 34 U.S.C. Section 60105(b), by the Criminal Justice Council.

(2) Submit the report under paragraph (a)(1) of this section to all of the following:

a. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.

b. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.

c. The Director and Librarian of the Division of Legislative Services.

d. The Director of the Delaware Public Archives.

e. The Attorney General.

f. The Governor.

(b) On or before July 1 of each year, the Department of Justice shall do all of the following:

(1) Review for each report submitted under paragraph (a)(2) of this section the accuracy of the information provided in the report under paragraph (a)(1) of this section.

(2) Submit a report with the Department of Justice’s findings to the Criminal Justice Council and the individuals under paragraph (a)(2) of this section:

§ 8705A. Failure to comply; ineligibility for funding.

(a) If the Criminal Justice Council finds by case decision under subchapter III of Chapter 101 of Title 29 that a law-enforcement agency has failed to comply with this chapter, the law-enforcement agency may not receive funds from any of the following:

(1) Funds allocated to this State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. Section 3750 et seq., whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

(2) Funds allocated under subchapter II of Chapter 41 of this title.

(b) When a law-enforcement agency is found to have failed to comply with this chapter under subsection (a) of this section the law-enforcement agency may not receive any funds under paragraph (a)(1) or (a)(2) of this section until the Criminal Justice Council finds by case decision under subchapter III of Chapter 101 of Title 29 that the law-enforcement agency is in compliance with this chapter.

§ 8706A. Notation of death of an individual in custody in DelVERS required.

If an individual in custody dies, the medical examiner shall make a notation that the individual died in custody in the individual’s death record in the Delaware Vital Events Registration System (DelVERS).

§ 8707A. Regulatory authority.

The Criminal Justice Council may adopt forms, guidance documents, rules, or regulations to administer, implement, or enforce this chapter.

SYNOPSIS

In 2013, Congress enacted the Death in Custody Reporting Act of 2013, 34 U.S.C. § 60105, which requires states to report to the U.S. Department of Justice the deaths of individuals who die in the custody of law enforcement. Failure to comply may result in the reduction of certain federal grant funds.

In 2024, the Criminal Justice Council, which is responsible for ensuring Delaware's participation in the data collection required by the Death in Custody Reporting Act of 2013, arranged for the Statistical Analysis Center to serve as the Criminal Justice Center's agent to coordinate and manage the logistics of this data collection. The Criminal Justice Council and Statistical Analysis Center issued guidance to law enforcement on the requirements of the Death in Custody Reporting Act of 2013 and the process and procedures to be used to comply with these reporting requirements.

This Act codifies the process and procedures established by the Criminal Justice Council and Statistical Analysis Center related to the reporting required by the Death in Custody Reporting Act of 2013. In addition, this Act requires compliance reporting and provides that a law-enforcement agency that fails to comply with this Act is ineligible for certain funding until the agency complies with this Act.

Author: Senator Pinkney