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Bill

Bill

HB 59

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE AND PUBLICATION OF THE NAME AND PHOTOGRAPH OF INDIVIDUALS CHARGED WITH CRIMES OR DELINQUENCY.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 7 co-sponsors

Delaware bill restricts law enforcement release of names and photos of accused individuals to protect privacy and reduce reputational harm before conviction.

Passed By Senate. Votes: 15 YES 5 NO 1 NOT VOTING
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WeVote Research Nonpartisan
Bill Summary · HB 59

Legislative bill overview

HB 59 amends Delaware's criminal procedure laws to restrict when law enforcement and courts can publicly release the names and photographs of individuals charged with crimes or facing delinquency proceedings. The bill establishes conditions and limitations on such disclosures, likely requiring judicial approval or limiting releases to specific circumstances.

Why is this important

Public mugshots and arrest information can have lasting consequences for individuals' employment, housing, and reputation even if they are never convicted or charges are dropped. This bill addresses concerns about pre-trial publicity and the collateral damage of early public identification, which disproportionately affects marginalized communities and those who cannot afford immediate legal representation.

Potential points of contention

  • Press freedom vs. privacy: Media outlets and public records advocates may argue the bill restricts First Amendment rights and reduces government transparency, making it harder for journalists to report on criminal justice system activities
  • Public safety concerns: Law enforcement may contend that releasing suspect information helps protect communities by alerting the public to potential dangers and aids in apprehension of dangerous individuals
  • Implementation inconsistency: Creating judicial approval requirements could lead to uneven application across counties and courts, with some judges restricting releases while others permit them liberally under identical facts

Compiled from official sources — confirm details with the bill’s official record.

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