TITLE 29

State Government

State Offices Created by Constitution

CHAPTER 25. State Department of Justice

Subchapter V. Civil Rights and Public Trust

82 Del. Laws, c. 239, § 2
§ 2551. Definitions.

For purposes of this subchapter, “Director” means the Director of the Division of Civil Rights and Public Trust and includes any designee.

82 Del. Laws, c. 239, § 2

§ 2552. Division of Civil Rights and Public Trust; establishment.

(a) There is established within the Department of Justice a Division of Civil Rights and Public Trust which shall investigate and enforce laws protecting the public trust and ensuring the protection of civil rights.

(b) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer who shall serve on a full-time basis under the direct control of the Chief Deputy Attorney General as the Director of Division of Civil Rights and Public Trust.

(c) The Director shall direct and supervise the work of Division of Civil Rights and Public Trust under § 2553 of this title.

82 Del. Laws, c. 239, § 2

§ 2553. Division of Civil Rights and Public Trust; powers and duties.

(a) The Division of Civil Rights and Public Trust shall do all of the following:

(1) Investigate and prosecute hate crimes under § 1304 of Title 11.

(2) Investigate and prosecute civil or criminal misconduct committed under color of Delaware law or in the course of a public official’s or state employee’s duties.

(3) a. Investigate all use of deadly force incidents by law enforcement and use of force incidents by law enforcement that result in serious physical injury, as defined in § 222 of Title 11, for the purpose of determining whether such use of force was justified as a matter of law.

b. For informational purposes and to facilitate data-tracking, if a public report is issued by the Division on law enforcement’s use of deadly force or use of force which results in serious physical injury, as defined in § 222 of Title 11, the public report must include all of the following:

1. The race of the law-enforcement officer who used force.

2. The race of the individual on whom force was used.

3. Whether race was found to be a relevant or motivating factor in the use of force.

(4) Enforce pattern and practice violations under Chapters 45 and 46 of Title 6.

(b) The Division of Civil Rights and Public Trust may investigate, prosecute, and remediate a pattern or practice which violates any of the civil rights secured by the U.S. Constitution or Constitution of the State or Delaware law regarding any of the following:

a. Public accommodations.

b. Housing discrimination.

c. Employment discrimination.

d. Educational rights.

e. Rights of individuals with disabilities.

82 Del. Laws, c. 239, § 283 Del. Laws, c. 264, § 1