CHAPTER 101

FORMERLY

SENATE BILL NO. 139

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11, CHAPTER 85 OF THE DELAWARE CODE RELATING TO THE STATE BUREAU OF IDENTIFICATION.

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

Section 1. Amend Chapter 85, Section 8502, Subsection (3)b of Title 11 of the Delaware Code by adding a new section "5" as follows:

"5. The Delaware Criminal Justice Information System, Office of the Director;"

and renumbering the succeeding paragraphs.

Section 2. Amend Chapter 85, Section 8505 of Title 11 of the Delaware Code by deleting said section in its entirety and replacing said section with the following:

"8505. Duty to Provide Security of Criminal History Record Information and Security Investigations.

(a) The Director shall provide security of criminal history record information contained in the facilities of the Bureau.

(b) The Director shall establish procedures to assure that Bureau records, under the control or custody of any authorized agency, shall be protected from unauthorized access, disclosure or dissemination.

(c) Each employee of the Bureau working with or having access to criminal history record information shall be made familiar with the substance and intent of this chapter.

(d) Direct access to criminal history record information from the Bureau shall be available only to authorized officers or employees of a criminal justice agency, and as necessary, to other authorized personnel essential to the proper operation of the criminal history record information system.

(a) The Director shall be responsible for investigations of violations of Chapter 85 of this Title."

Section 3. Amend Chapter 85, Section 8508, Title 11 of the Delaware Code by deleting said section in its entirety and replacing said section with the following:

"8508. Information To Be Supplied By Court Officials.

Every court of this State or of any political subdivision thereof having original or appellate jurisdiction over indictable offenses, or over such nonindictable offenses as are herein mentioned, shall transmit to the Bureau in such manner as the Director shall designate such information regarding every indictment, information, petitions or complaints of delinquency, or other formal criminal charge, and every change in release status, disposition and sentencing made thereof within 90 days of said action."

Approved July 3, 1991.