CHAPTER 397

FORMERLY

SENATE BILL NO. 355

AS AMENDED BY SENATE AMENDMENT NOS. 1 & 4

HOUSE AMENDMENT NOS. 1 & 2 AND

SENATE AMENDMENT NO. 5

AN ACT TO AMEND § 4120 OF TITLE 11 OF THE DELAWARE CODE AND TITLE 21 OF THE DELAWARE CODE RELATING TO SEX OFFENDERS.

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

Section 1. Amend § 4120(a) of Title 11 of the Delaware Code by deleting the words "under subpart D of subchapter II, or subchapter V of Chapter 5 of Title 11" from said subsection and substituting in lieu thereof the following words: "specified in §§ 764 through 779 of Title 11 of the Delaware Code or any of the offenses specified in §§ 1108-1111 of Title 11 of the Delaware Code".

Section 2. Further amend § 4120(a) of Title 11 of the Delaware Code by deleting the punctuation and word ", or" the second time they appear in said sub-section and substituting in lieu thereof the following words: "shall be registered by (i) the Department of Corrections Department of Services to Children, Youth and Their Families ('DSCYF'), or the Department of Health and Social Services, as the case may be, at or prior to the time such person is released from such agency's custody, or (ii) the court at or prior to the time such person is released by a state court on probation or discharged by a state court upon payment of a fine, on forms provided by the Superintendent of the Delaware State Police. The registering agencies with access to the Delaware Criminal Justice Information System (`DeIJIS') shall promptly enter the information into the DeIJIS database of registered sex offenders. Agencies without access to DeIJIS will promptly send the completed registration forms to the Superintendent of the Delaware State Police for immediate entry into DeIJIS. All registering agencies shall within 3 days following the registrant's release send the original copy of the registration form signed by the registrant and the agency witness to the Superintendent of the Delaware State Police. The Delaware State Police will audit the registration information. If fingerprint or photographs are determined to be missing or deficient, the Delaware State Police shall have the authority to require the registrant to provide said information at a Delaware State Police facility. And".

Section 3. Further amend § 4120(a) of Title 11 of the Delaware Code by deleting the words "within 30 days after June 27, 1994 or" therefrom.

Section 4. Further amend § 4120(a) of Title 11 of the Delaware Code by deleting the numeral "30" the second time it appears therein and substituting in lieu thereof the numeral "7".

Section 5. Further amend § 4120(a) of Title 11 of the Delaware Code by adding the following words immediately before the final period (".") therein: "who shall promptly enter the information into the DeIJIS.

Section 6.". . Further amend § 4120(a) of Title 11 of the Delaware Code by adding a new sentence to the end thereof as follows: "This section shall only apply to any person convicted of a crime as specified above on or after June 27, 1994."

Section 7. Further amend § 4120(a) Title 11 of the Delaware Code by adding to such subsection the following two paragraphs:

"The court in which any person described in subsection (a) of this section is sentenced shall designate at the time of sentencing whether, with respect to such person, compliance with this subchapter shall be required.

A registrant may petition the court which subjected the registrant to the provisions of this subchapter for release from registration obligations. The court may grant such a petition for release from registration only upon a showing that the registrant (i) has not committed any act which could result in a conviction of (I) any of the offenses specified in §§ 764 through 779 of Title 11 of the Delaware Code, or (2) any of the offenses specified in §§ 1108 through 1111 of Title 11 of the Delaware Code, or (3) attempt to commit any of the foregoing offenses, within 15 years following the registrant's last conviction or release from incarceration, whichever is later, (4) if the offense of which the prisoner was convicted was a misdemeanor and the court determines at sentencing or upon petition brought at any time after sentencing that the person is not likely to pose a threat to the safety of others if released from the registration obligations and/or the provisions of §4336 of this title, the court may release the person from such obligations and (ii) that the person is not likely to pose a threat to the safety of others if released from registration obligations."

Section 8. Amend § 4120(b) of Title 11 of the Delaware Code by adding the following words after the word "register" wherever it appears in said subsection: "and, upon any change of address, re-register".

Section 9. Further amend § 4120(b) of Title 11 of the Delaware Code by adding the following words immediately before the period (".") in the third sentence thereof: and one copy to the chief law enforcement officer having jurisdiction over the inmate's intended residence".

Section 10. Further amend § 4120(b) of Title 11 of the Delaware Code by deleting the word "and" from the last sentence thereof and substituting in lieu thereof the word "the", and by adding the following words between the word "Justice" and the numerical designation "30" in the last sentence thereof: "and the chief law enforcement officer having jurisdiction over the inmate's intended residence".

Section 11. Amend § 4120(c) of Title 11 of the Delaware Code by adding the following between the word "Any" and the word "person" as they appear in said subsection: "such court designated".

Section 12. Further amend § 4120(c) of Title 11 of the Delaware Code by adding the following words after the word "released" and after the word "discharged" therein: "by a state court".

Section 13. Further amend § 4120(c) of Title 11 of the Delaware Code by adding the following words after the word "register" wherever it appears in said subsection: "and, upon any change of address, re-register".

Section 14. Further amend § 4120(c) of Title 11 of the Delaware Code by adding the following words before the final period (".") therein: "and one copy to the chief law enforcement officer having jurisdiction over the inmate's intended residence".

Section 15, Further amend § 4120(c) of Title 11 of the Delaware Code by adding the following sentence at the end of said subsection: "Any such court-designated person who hereafter is convicted in this State of the commission or attempt to commit any of the above-mentioned offenses and who is released on probation or discharged upon payment of a fine shall, prior to release or discharge shall be registered by the Administrative Office of the court in the manner set forth in subsection (a) of this section."

Section 16. Amend § 4120(e) of Title 11 of the Delaware Code by restating said subsection in its entirety as follows:

"The registration forms shall require, without limitation, (I) a statement in writing signed by the person giving such information as may be required by the Department of Justice including but not limited to the legal name, any alias or nicknames, age, gender and race of the registrant and (2) the fingerprints if not already on file at the State Bureau of Identification and (3) a photograph of the registrant, taken at the time of initial registration and, if more than four (4) years after initial registration, at the time of any re-registration, and (4) all known identifying factors, offense history and place of residence. and (5) a statement of the legal responsibilities of the registrant."

Section 17. Amend § 4120(f) of Title 11 of the Delaware Code by restating said subsection in its entirety as follows:

"(f) Changes of Address. If any person required to register pursuant to this section changes his or her residence address, the person shall, within seven (7) days thereof, re-register with the Superintendent of the Delaware State Police. The Superintendent of the Delaware State Police shall promptly input such information into the DeIJIS and shall, within three days after receipt of such information, forward it to the Department of Justice and to the chief law enforcement officer having jurisdiction over the inmate's intended residence.

(i) Each time there is a change of address there shall be notification as set forth § 4336 of Title 11 of this Code.

(ii) Upon providing notice of a change of address, the registrant shall provide adequate verification that he or she resides at the given address.

(i) Upon a registrant providing notice of a change of address, the Superintendent of the Delaware State Police shall, within three days thereafter, notify (A) the chief law enforcement officer having jurisdiction over the registrant's prior residence and (B) the chief law enforcement officer having jurisdiction over the registrant's intended residence."

Section 18. Amend § 4120(g) of Title 11 of the Delaware Code by deleting said subsection in its entirety and by substituting in lieu thereof the following:

"(g) Violation. Failure of any person required to register or re-register pursuant to this section to so register or re-register shall be guilty of a Class G Felony."

Section 19. Amend § 4120 of Title 11 of the Delaware Code by adding a new subsection thereto to read as follows:

"(j) Civil Liability. All elected public officials, public employees, or public agencies are immune from civil liability for any discretionary decision to release relevant information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

There shall be no civil legal remedies available as a cause of action against any public official, public employee, or public agency for failing to release information as authorized in this section."

Section 20. Amend § 2704(b) of Title 21 of the Delaware Code by deleting the words "this section" therefrom, and by substituting in lieu thereof the words "subsection (a)".

Section 21. Amend § 2704 of Title 21 of the Delaware Code by adding a new subsection thereto as follows:

"(c) The Division of Motor Vehicles shall provide notice of the obligation to register pursuant to § 4120 of Title 11 of this Code to each new resident applicant for a license to operate a motor vehicle. Every applicant for a driver's license shall sign acknowledgment provided by the Division that he/she has received notice that registration in compliance with § 4120 of Title 11 of the Delaware Code is mandatory for any person who has been convicted in any other state of any offense which if committed or attempted in this state, would have been punishable as one or more of the offenses referenced in § 4120(a) of Title 11 of the Delaware Code, and that such registration must occur within 7 days of coming into any county, city or town in which he/she temporarily resides or is domiciled for that length of time.

All such signed acknowledgments shall be kept as permanent records by the Division in a format approved by the Director of Historical and Cultural Affairs, which may include storage on microfiche or other non-paper forms of permanent retention."

Section 22. Amend § 3102 of Title 21 of the Delaware Code by adding a new subsection thereto to read as follows:

"(c) The Division of Motor Vehicles shall provide notice of the obligation to register pursuant to § 4120 of Title I I of this Code to each new resident applicant for an identification card. Every applicant for a state identification care shall sign an acknowledgment provided by the Division that he/she has received notice that registration in compliance with § 4120 of Title II of the Delaware Code is mandatory for any person who has been convicted in any other state of any offense which if committed or attempted in this state, would have been punishable as one or more of the offenses referenced in § 4120(a) of Title 11 of the Delaware Code, and that such registration must occur within 7 days of coming into any county, city or town in which he/she temporarily resides or is domiciled for that length of time.

All such acknowledgments shall be kept as permanent records by the Division in a format approved by the Director of Historical and Cultural Affairs which may include storage on microfiche or other non-paper forms of permanent retention."

Section 23. Severability of provisions

If any provision of this Act, or the application thereof to any person, thing or circumstances is held invalid, such invalidity shall not affect the provisions or application of this Act that can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable.

Section 23. Amend §4120(1) of Title 21 of the Delaware Code by adding the words who may use such information as authorized by §4336 of this title" between the word "officer" and the semi-colon (";") appearing therein.

Section 24. Amend § 4120(b) of Title 11 of the Delaware Code by deleting the numeral "I" the third time it appears in the third sentence of said subsection and substituting in lieu thereof the words "the original".

Section 25. Further amend § 4120(b) of Title II of the Delaware Code by deleting the numeral "30" in the last sentence of said subsection and substituting in lieu thereof the words "at least 45 but no more than 90".

Section 23. Amend § 4120(i), Title 11, Delaware Code by adding the following language immediately before the final period (".") in such subsection: "provided that the employee or potential employee submits to a reasonable procedure established by standards set forth by superintendent of State Police to identify the person whose record is sought".

Section 24. Sections 21 and 22 of this Bill shall become effective six months after enactment. The remaining sections shall become effective upon enactment.

Approved June 27, 1996