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SB 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.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 8 co-sponsors

The bill strengthens reporting and independent review of in-custody deaths to improve transparency, oversight, and accountability.

Passed By House. Votes: 40 YES 1 ABSENT
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WeVote Research Nonpartisan
Bill Summary · SB 291

Summary of SB 291 (Session 153) – Delaware

Title

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

Purpose and Intent

SB 291 seeks to reform how deaths of individuals in custody of law enforcement are reported and reviewed. The bill aims to strengthen transparency, oversight, and accountability surrounding in-custody deaths by modifying reporting requirements and the review process.

Key Provisions (as described by the bill's title and typical scope of such reforms)

  • Reporting Requirements: The bill likely mandates more timely or comprehensive reporting to state authorities (e.g., a state attorney general, oversight bodies, or a designated review commission) whenever a person dies while in custody or under law enforcement supervision.
  • Review and Oversight Mechanism: Establishes or strengthens a formal review process for in-custody deaths. This could involve independent or semi-independent review by a specialized body, such as a civilian oversight board, medical examiner/pathology review, and coordination with law enforcement agencies.
  • Standards and Procedures: Provides standardized procedures for investigations, including who must be notified, what data must be collected (e.g., cause of death, incident details, prior medical conditions, treatment provided), and timelines for completion.
  • Transparency and Reporting to Public: Potential requirements for public reporting or release of summaries, findings, and recommendations to enhance accountability and public trust.
  • Interagency Collaboration: Clarifies roles and responsibilities among law enforcement agencies, medical examiners, prosecutors, and oversight bodies in the handling and review of in-custody deaths.
  • Recommendations and Remedies: May authorize or require recommendations to prevent future deaths, address systemic issues, or implement policy changes at the agency or state level.

Who Would Be Affected

  • Law Enforcement Agencies: Subject to new reporting and review requirements; must cooperate with oversight bodies and ensure timely data sharing.
  • Medical Examiners/Coroners: Involved in determining cause of death and participating in the review process; may be given additional responsibilities or standardization of practices.
  • Oversight Bodies/Review Panels: Depending on the bill’s structure, civilian oversight commissions or state-level review entities would gain an expanded mandate for examining in-custody deaths and issuing findings.
  • Families and the Public: More transparent reporting and public-facing findings could provide greater information about incidents and systemic reforms.
  • State Agencies: Potential interactions with prosecutors, health services, and other state departments to implement recommendations.

Procedural and Timeline Aspects

  • Status: Introduced and assigned to the Judiciary Committee in the Senate (as of 2026-04-23).
  • Next Steps: Committee review and potential markup, followed by floor votes in the Senate and, if advanced, consideration by the House. The bill would proceed through the standard Delaware legislative process, including potential amendments, hearings, and any time-sensitive reporting requirements.

Sponsors

  • Main and co-sponsors include:
    • Ed Osienski
    • Mara Gorman
    • Stell Selby
    • Trey Paradee
    • Eric Morrison
    • Josue Ortega
    • Laura Sturgeon
    • Marie Pinkney

Notes

  • The summary above reflects the bill’s stated purpose in its title and typical provisions associated with reporting and review of in-custody deaths. The exact statutory text will specify the precise procedures, timelines, definitions (e.g., “in custody” scope), and the structure of any oversight entity. Readers should monitor committee hearings for detailed language and any amendments.

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

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