CHAPTER 203

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 352

AN ACT TO AMEND TITLE 11, DELAWARE CODE REGARDING REGISTRATION AND COMMUNITY NOTIFICATION OF SEX OFFENDERS.

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

Section 1. Amend Section 4120, Title 11, Delaware Code by amending subsection (a), first paragraph by inserting the following after "June 27, 1994.

"The Delaware State Police through the State Bureau of Identification shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation."

Section 2. Amend Section 4120, Title 11, Delaware Code, by amending subsection (e) by inserting after "(5) a statement of the legal responsibilities of the registrant" the following:

"(6) documentation of any treatment received for the mental abnormality or personality disorder of the person. For purposes of this act, the term 'mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that make s the person a menace to the health and safety of other persons. For purposes of this act, the term 'personality disorder' shall have the definition as contained in 42 United States Code Chapter 136.

Section 3. Amend Section 4120, Title II, Delaware Code, by inserting the following as subsection (k):

"(k)(1) For a person required to register under this section, on each anniversary of the person's initial registration date during the period in which the person is required to register under this section the following applies:

(i) The Delaware State Police shall mail a non-forwardable verification form to the last reported address of the person.

(ii) The person shall mail the verification form to the Delaware State Police within 10 days after receipt of the form.

(iii)The verification form shall be signed by the person, and state that the person still resides at the address last reported to the Delaware State Police.

(iv)If the person fails to mail the verification form to the Delaware State Police within 10 days after receipt of the form, the person shall be in violation of this section unless the person proves that the person has not changed the residence address.

(2) The provisions of subsection (k)(I) shall be applied to a person required to register under this section, except that such person must verify the registration every 90 days after the date of the initial release or commencement of parole."

Section 4. Amend Delaware Code, Title 11, Section 4120, by amending Subsection (a) by adding ", 783 and 783A" after "779" and before of this title" in both places that "779" is found in subsection a.

Section 5. Amend Title 11, Section 4120 by amending subsection (a) by deleting in the third paragraph the phrase starting "provided, however" through "such obligations".

Approved July 17, 1997