House Bill 59 extends disclosure restrictions to adults, allowing police to identify defendants only when felony charges and a public safety need justify release.

DOVER, DE — A new Delaware law took effect October 21, restricting police from releasing the names and mugshots of adults charged with crimes unless they face a felony charge and disclosure is necessary to protect public safety.

House Bill 59, signed July 23, expands restrictions that previously applied to juveniles. Those existing protections cover children 17 and younger, whose identities and photographs can be released only when they are charged with a violent felony and a public safety need exists.

The change is already affecting police announcements in Dover, where the department included a notice about the law in its update on two arrests in the fatal Dover Commons shooting.

“For adults charged with a crime, this information may be released only when the charge is a felony and disclosure is necessary to protect public safety,” the department said.

A felony charge alone does not permit release

Under the law, police must satisfy both conditions before releasing an adult defendant’s name or photograph. For juveniles, the charge must meet the narrower category of a violent felony, alongside the same public safety requirement.

The restrictions cover photographs beyond traditional booking images. The statute includes mugshots within its definition of photographs and expressly covers publication on publicly maintained websites and social media pages.

Dover police explain omitted identities

In the Dover Commons case, police announced arrests of two men, ages 22 and 18, on murder and related charges without identifying either suspect by name.

“Names and photographs may therefore be omitted from this release to comply with state law,” the department said in its notice.

The legislation was introduced March 6, 2025, with Rep. Lynn as its primary sponsor and Sen. Hoffner as an additional sponsor, according to legislative records.