CHAPTER 122

FORMERLY

SENATE BILL NO. 116

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF SEX OFFENDERS.

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

Section 1. Amend §4121(a)(4)f., Title 11 of the Delaware Code by inserting the phrase "or of any offense which is the same as or equivalent to such offenses as the same existed and were defined under the laws of this State existing at the time of such conviction," between the phrase "this paragraph," and the phrase "and who is as of September" as they appear in that subparagraph.

Section 2. Amend § 4120(a), Title 11 of the Delaware Code by striking the phrase "regularly employed or regularly works in Delaware, or who is a student in Delaware" and substituting in lieu thereof the phrase:

"for more than 10 consecutive business days or for more than an aggregate of 30 days in any 12-month period, employed or works in Delaware, or who is a full or part-time student in Delaware. A student is any person who attends any public or private educational facility including, but not limited to colleges or universities.".

Section 3. Amend § 4120(g)(1)(a) by inserting the phrase 'for life' between the word "'days" and the word "following" as they appear in that subparagraph and by adding a second sentence to that subparagraph to read as follows: "A Tier III offender shall continue to verify addresses every 90 days for life even if later redesignated to a lower tier;".

Section 4. Amend § 4121(e)(1)(a), Title 11 of the Delaware Code, as amended by inserting the phrase "Rape in Third Degree if the offense involved a child under 12 or the offense involved force or threat of physical violence," between the phrase "Rape in the Second Degree," and the phrase "Unlawful Sexual Contact in the First Degree" as they appear in that subparagraph.

Section 5. Amend § 4121(e)(2)(a), Title 11 of the Delaware Code, as amended, by inserting the phrase "unless the offense involved a child under 12 or the offense involved force or the threat of physical violence" between the phrase "Rape in the Third Degree" and the phrase "Rape in the Fourth Degree" as they appear in that subparagraph.

Section 6. Amend § 4121(e)(6)(a), Title 11 of the Delaware Code, as amended, by inserting the phrase "and the victim was not a child under 12 years of age" between the word "misdemeanor" and the ";" as they appear in that subparagraph.

Section 7. Amend § 4121(f)(1)(a), Title 11 of the Delaware Code, as amended, by deleting the phrase ", and the victim of both the previous offense and the instant offense and the instant offense had not yet reached his or her eighteenth birthday at the time of the crime".

Section 8. Amend § 4121(f)(2)(a), Title 11 of the Delaware Code, as amended, by deleting the phase "pursuant to subsection (f)(1) of this section" and inserting in lieu thereof the phrase "or address verification every 90 days pursuant to § 4120(g)(1)(a) and subsection (f)(1) of this section".

Section 9. Amend § 4121(f)(2)(b), Title 11 of the Delaware Code, as amended, by inserting the phrase "the victim was not a child under 18 years of age and" between the phrase "Tier I if" and the phrase "10 years have" as they appear in that subparagraph.

Section 10. Amend § 4121(g), Title 11 of the Delaware Code, as amended, by deleting the phrase "future residence and employment" from the third sentence thereof and by inserting in lieu thereof the phrase "future residence, school and/or employment".

Section 11. Amend § 4121(j), Title 11 of the Delaware Code, as amended, by adding a new paragraph "3)"thereto to read as follows:

"3) For sex offenders assigned to Tier II or III notice shall be given to any school the offender plans to attend and/or to the chief law enforcement officer of the local jurisdiction where the offender plans to be employed.".

Approved July 09, 2001