CHAPTER 205

FORMERLY

HOUSE BILL NO. 333

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE REGARDING THE STATE BUREAU OF IDENTIFICATION.

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

Section 1. Amend Title 11, Delaware Code by amending Section 8502 as follows by inserting the renumbering the subsection (4) through (9) as (5) through (1)) and adding the following sections a numbered:

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

(11) 'Criminal Justice Information System' shall mean the computer hardware, software, and communications network managed, operated, and/or maintained for the Delaware Criminal Justice Information System."

Section 2. Amend Title 11, Delaware Code by enacting a new Section 8513A entitled Governmental Agency Access to the Criminal Justice Information System (CJIS).

"§ 8513A. Governmental Agency Access to the Criminal Justice Information System (CJIS).

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 he mission of the agency.

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

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

(4) Upon approval of the agency's application, the agency shall enter in 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, on 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 Chap: 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