CHAPTER 204

FORMERLY

HOUSE BILL NO. 346

AN ACT TO AMEND TITLE 11, DELAWARE CODE, RELATING TO THE CRIMINAL JUSTICE INFORMATION SYSTEM.

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

Section 1. Amend Section 8602, Title 11, Delaware Code, by renumbering the existing subsections 4 through 6 as subsection 5 through 7, and adding the following as subsection 4:

"(4) A 'Governmental Agency' shall mean any agency of the Government of the United States or the State of Delaware or any political sub-division thereof. It does not include a private individual, corporation or other non-governmental entity."

Section 2. Amend Section 8610, Title 11, Delaware Code, by adding the following section:

"Access to the Criminal Justice Information System, including computerized criminal history, shall be available to governmental agencies (as defined by this statute) provided that the requesting agency meets the following conditions:

(1) In order to be eligible to obtain information from CJIS, an agency must offer written evidence that the public interest in dissemination or access outweighs the security and privacy interests of the person or persons upon whom access is sought, and that access is germane to the mission of the agency.

(2) The agency shall submit to an application procedure as established by the Board of Mangers. Said procedure shall identify the specific information being sought.

(3) Approval of the agency's application, which may be in whole, in part, or as modified by the Board, shall require a two-thirds majority of the entire Board of Managers.

(0) Upon approval of the agency's application, the agency shall enter into a User's Agreement as prescribed in Chapter 85, Section 8514 of Title 11.

(5) The agency shall bear all costs associated with CJIS access, once granted.

This section does not pertain to access to police complaint information contained in CJIS collected as a result of the requirements as specified in Chapter 85, Section 8507(a)(4) of this title. Such access shall remain within the discretion of the Director of the State Bureau of Identification."

Approved July 17, 1997