CHAPTER 374

FORMERLY

HOUSE BILL NO. 485

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

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

Section 1. Amend § 4120(d)(2), Title 11 of the Delaware Code by deleting the period “(.)” at the end of the second sentence and inserting in lieu thereof the phrase “, including any watercraft or aircraft with the locations where such vehicles are docked, parked or otherwise stored, copies of his passport, any licenses to engage in an occupation or to carry out a trade or business, and the offender’s home telephone number and any cellular telephone numbers.”.

Section 2. Amend § 4120(e)(1), Title 11 of the Delaware Code by adding the phrase “, or any foreign government,” between the phrase “United States” and the word “which”.

Section 3. Amend § 4120(e)(2), Title 11 of the Delaware Code by adding the phrase “, or any foreign government,” between the phrase “United States” and the word “which”.

Section 4. Amend § 4121(a)(3), Title 11 of the Delaware Code by deleting the phrase “convicted after June 27, 1994, who is subject to the registration requirements of § 4120 of this Title” and inserting in lieu the thereof the phrase “who has been convicted”.

Section 5. Amend § 4121(a)(4)a., Title 11 of the Delaware Code by deleting the phrase “after June 27, 1994”.

Section 6. Further Amend § 4121(a)(4)a., Title 11 of the Delaware Code by deleting the phrase “or § 1353(2)” and inserting in lieu thereof the phrase “, § 1353(2) or § 1361(b)”.

Section 7. Amend § 4121(a)(4)b., Title 11 of the Delaware Code by deleting the phrase “after June 27, 1994,”.

Section 8. Amend § 4121(a)(4)c., Title 11 of the Delaware Code by deleting the phrase “after June 27, 1994,” and by adding the phrase “, or any foreign government,” between the phrase “United States” and the word “which”.

Section 9. Amend § 4121(a)(4)d., Title 11 of the Delaware Code by deleting the phrase “after September 1, 1998”.

Section 10. Amend § 4121(a)(4)e., Title 11 of the Delaware Code by deleting the phrase “, such guilty plea occurring after September 1, 1998”.

Section 11. Amend § 4121(a)(4)f., Title 11 of the Delaware Code by deleting the phrase “on or before June 27, 1994,”.

Section 12. Further Amend § 4121(a)(4)f., Title 11 of the Delaware Code by deleting the phrase “and who is as of September 1, 1998, serving a sentence or probation or parole as part of the sentence imposed for such conviction; who thereafter is deemed by a court of competent jurisdiction to have violated the terms or conditions of that person’s probation or parole; and who is thereafter designated as a sex offender by the sentencing judge pursuant to subsection (e) of this Section”.

Section 13. Amend § 4121(d)(1)a., Title 11 of the Delaware Code by adding the phrase “or was without consent,” between the words “violence” and the phrase “Unlawful Sexual Contact”.

Section 14. Amend § 4121(d)(1)d., Title 11 of the Delaware Code by deleting the word “or” and inserting in lieu thereof a comma “(,)”.

Section 15. Further Amend $ 4121(d)(1)d., Title 11 of the Delaware Code by adding the phrase “or any foreign government,” between the phrase “United States” and the word “which”.

Section 16. Amend § 4121(d)(2)a., Title 11 of the Delaware Code by adding the phrase “Possession of Child Pornography, Providing Obscene Materials to a Person Under the age of 18,” between the phrase “Pornography,” and the word “Sexual”.

Section 17. Amend § 4121(d)(2)c., Title 11 of the Delaware Code by deleting the word “or” and inserting in lieu thereof a comma “(,)”.

Section 18. Further Amend § 4121(d)(2)c., Title 11 of the Delaware Code by adding the phrase “or any foreign government,” between the phrase “United States” and the word “which”.

Section 19. Amend § 4121(d)(5), Title 11 of the Delaware Code by adding the word “who” between the word “and” and the word “is”.

Section 20. Amend § 4121(d)(6)b., Title 11 of the Delaware Code by adding the phrase “, or any offense in a foreign jurisdiction” between the phrase “United States” and the word “which”.

Section 21. Amend § 4121(j), Title 11 of the Delaware Code by deleting the phrase “after June 17, 1994,”.

Section 22. Amend § 4121(k), Title 11 of the Delaware Code by adding the sentence “‘Homeless persons’ must report their habitual locale, park or locations during the day and night, public buildings, restaurants, and libraries frequented.” after the first sentence of this subsection.

Section 23. Further Amend § 4121(k), Title 11 of the Delaware Code by adding the phrase “for seven (7) or more days” between the word “residence” and the period “(.)”.

Section 24. Amend § 4121(s) by deleting said Section in its entirety and inserting in lieu thereof the following:

“(s) Subject to § 4122 of this Title, this Section shall apply to all persons convicted.”.

Section 25. Amend § 4122(a) by deleting said Section in its entirety and inserting in lieu thereof the following:

“(a) Section 4121 of this Title shall be retroactively applicable to any person convicted of a registering offense.”.

Approved July 16, 2008