CHAPTER 109

FORMERLY

HOUSE BILL NO. 209

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE REPORTING OF CRIMES BY SCHOOL OFFICIALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 4112(b)(1), Title 14 of the Delaware Code by deleting the "," as it appears at the end of subparagraph "(b)" thereto and by inserting in lieu thereof the phrase "; or".

Section 2. Amend § 4112(b)(1), Title 14 of the Delaware Code by adding a new subparagraph thereto to be designated as subparagraph "(c)", which shall read as follows:

"(c) A student has been the victim of:

1. a violent felony; or

2. an assault in the third degree; or

3. any sexual offense as defined in § 761(d) of Title 11 as prohibited by Title 11, when the school employee has reliable information that would lead a reasonable person to believe that the crime has been committed by another school employee, regardless of whether the offense occurred on school property or at a school function.".

Section 3. Amend § 4112(b)(1), Title 14 of the Delaware Code by deleting therefrom the phrase "shall immediately conduct a thorough investigation to determine if good reason exists to believe that a crime has been committed. If investigation verifies that good reason exists, the principal must report the incident to the appropriate police agency: (i) immediately, if the crime is a suspected felony; and (ii) within 3 working days, if the crime is a suspected misdemeanor required to be reported pursuant to this subdivision.", and substituting in lieu thereof the phrase "shall immediately report the incident to the appropriate police agency. The report shall be made by telephone or in person immediately and shall be followed by a written report within three (3) business days.".

Section 4. Amend § 4112(b)(1), Title 14 of the Delaware Code by adding a paragraph immediately before the "Nothing in this section shall preclude school officials" as it appears in that subparagraph to read as follows:

"Under no circumstances shall any person who has supervisory authority over the principal or any school board member exercise any control of, hinder or delay the lodging of any oral or written report required to be made pursuant to this subsection or the forwarding of such report to the Department of Education or the police. A principal (or acting principal if the principal is absent) may not delegate to or rely upon any other person except an assistant principal to make the immediate report to the police. A person with supervisory authority over the principal or any school board member who has knowledge of an incident which is required to be reported under this section, and who has information that would lead a reasonable person to believe that it has not been reported to the police, has an affirmative duty to report the incident to the police immediately. This includes, but is not limited to, incidents in which a school employee is a possible suspect and when an administrative review is ongoing.".

Section 5. Amend § 4112(e), Title 14 of the Delaware Code by inserting as the second sentence thereto a sentence to read as follows:

"Any person with supervisory authority over the principal or any school board member who exercises any control of, hinders or delays the lodging of any report required to be made pursuant to this subsection or the forwarding of such report to the Department of Education or the police shall be guilty of a class B misdemeanor.".

Section 6. Amend Section 4112(f) of Title 14 of the Delaware Code by redesignating the first paragraph thereof as paragraph "(1)", and by designating the second paragraph thereof as paragraph "(2)", and by adding a new paragraph "(3)" thereto, to read as follows:

"(3) Any report of an actual or suspected crime made by a school employee or principal pursuant to subsection (b) of this section shall be exempt from public disclosure pursuant to the Freedom of Information Act as set forth in Chapter 100 of Title 29 of this Code."

Approved July 09, 2001