CHAPTER 94

FORMERLY

HOUSE BILL NO. 245

AN ACT TO AMEND TITLE 11, SECTION 1336 OF THE DELAWARE CODE RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 1336 of Title 11 of the Delaware Code by redesignating the present subsection (x) (1) and (2) as subsection (y) (1) and (2) and substituting a new subsection (x) to read as follows:

"(x)(l). Power to Issue Orders for Pen Register Installation and Use.

The Superior Court shall have the power to issue orders authorizing the installation and use of a Pen Register device or touch tone decoder. Such order shall be issued when the court is satisfied that an investigative or law enforcement agency requesting the order is engaged in an investigation of possible criminal activity within the jurisdiction of the agency and that the requested Pen Register or touch tone decoder is reasonably calculated to further the investigation.

(2) An order authorizing the installation and use of a Pen Register shall, upon request of the applicant, direct that a communication carrier, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with minimum of interference with the services that such carrier, landlord, custodian or other person is according the person whose communications are to be intercepted. Also any communication carrier, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefore by the applicant at the prevailing rates."

Approved July 7, 1981.