DELAWARE - A new Delaware law taking effect Wednesday is changing how police departments share information about people they arrest, sparking a debate over protecting the rights of the accused and keeping the public informed.
House Bill 59 generally prohibits law enforcement agencies from releasing the names or photographs of adults charged with crimes unless they are charged with a felony and disclosure is necessary to protect public safety.
The law applies to state and local law enforcement agencies, potentially changing the arrest announcements and social media posts residents have come to expect.
Rep. Sean Lynn, D-Del., the bill's primary sponsor, says the measure is intended to protect the presumption of innocence and prevent allegations from following people long after their cases are resolved.
"An arrest is not a conviction," Lynn wrote in a statement explaining his support for the legislation.
Lynn argued that publishing names and mugshots can cause lasting harm to people who are ultimately found not guilty, have their charges dismissed or plead to lesser offenses. He said those posts can create barriers to employment and housing, even when a person’s official criminal record is later expunged.
He also emphasized that the law does not prevent news organizations from reporting on arrests and that court records will remain publicly accessible through resources such as CourtConnect.
Sen. Trey Paradee, D-Del., who voted for the bill, echoed those concerns.
"There are times when people are wrongfully arrested for crimes that they didn't do," Paradee said, explaining that publicly identifying someone before a conviction can damage their reputation and affect their lives for years.
Paradee said he believes the restrictions are particularly appropriate for lower-level offenses, while identifying information may still be released in felony cases when necessary to protect public safety.
But not everyone supports the change.
Ethan Simpson, a Harrington resident, worries the restrictions could make it harder for residents and businesses to share information about suspected repeat offenders.
"I feel like there should be full transparency no matter what when it comes to the public, just for the public safety," Simpson said.
Simpson said he is concerned businesses could lose a way to alert others about suspected shoplifting and other incidents, potentially making it more difficult to prevent future crimes. He also worries the restrictions could make police work more difficult and limit the public’s ability to stay informed through social media.
The Dover Police Department has also warned residents to expect changes to its arrest announcements and press releases.
In a social media post, the department said the law would affect both the public and news organizations that rely on police information to report on crime.
"We will continue releasing the limited information Delaware law allows us," the department said, while expressing hope that future legislative sessions provide additional clarity.
The Delaware State Police said it is reviewing the information it releases to ensure compliance with the new requirements.
"DSP remains committed to transparency, public trust, and educating the public about our mission while also observing the requirements set forth in HB59," the agency said in a written statement.
The agency added that the Delaware Department of Justice has issued guidance to help law enforcement determine what information may be released in individual cases.
As Delaware police departments begin implementing the changes, the debate continues over how to balance the privacy and rights of people accused of crimes with the public’s interest in information about arrests and potential safety concerns.
