CHAPTER 51

FORMERLY

HOUSE BILL NO. 143

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE.

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

Section 1. Amend Subsection (c), Section 1336, Title 11 of the Delaware Code by adding thereto a new paragraph, designated as paragraph (3) and, which new paragraph shall read as follows:

"(3) A person acting under color of law, and employed for such purpose by the Department of Correction, to intercept a wire or oral communication of any individual confined to a State Correctional facility. At the direction of the Commissioner of Correction or his designee, a person performing an official investigation into suspected criminal activity may monitor and intercept the incoming and outgoing wire and oral communications electronic transmissions of any individual incarcerated in a State Correctional facility. The Department may also employ intercepting devices which monitor all incarcerated individuals communications for words or phrases which would justify further investigation. The Department shall not monitor or intercept any communication between an individual confined in a State Correctional facility and his/her attorney"

Approved June 14,1999