State Bureau of Identification

Del. Code tit. 11, ch. 85
in effect

Del. Code tit. 11, § 8501 Purpose of subchapter.

(a) The purpose of this subchapter is to create and maintain an accurate and efficient criminal justice information system in Delaware consistent with this chapter and applicable federal law and regulations, the need of criminal justice agencies and courts of the State for accurate and current criminal history record information, and the right of individuals to be free from improper and unwarranted intrusions into their privacy. (b) In order to achieve this result, the General Assembly finds that there is a need: (1) To designate the State Bureau of Identification as the central state repository for criminal history record information; (2) To require the rapid identification, classification and filing of fingerprints; (3) To require the reporting of accurate, relevant and current information to the central repository by all criminal justice agencies; (4) To insure that criminal history record information is kept accurate and current; and (5) To prohibit the improper dissemination of such information. (c) This subchapter is intended to provide a basic statutory framework within which these objectives can be attained.

Del. Code tit. 11, § 8502 Definitions.

The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Administration of criminal justice” shall mean performance of any of the following activities: Detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correction supervision, or rehabilitation of accused persons or criminal offenders, criminal identification activities, and the collection, storage and dissemination of criminal history record information. (2) “Conviction data” means any criminal history record information relating to an arrest which has led to a conviction or other disposition adverse to the subject. “Conviction or other disposition adverse to the subject” means any disposition of charges, except a decision not to prosecute, a dismissal or acquittal; provided, however, that a dismissal entered after a period of probation, suspension or deferral of sentence shall be considered a disposition adverse to the subject. (3) “Criminal history background check” means the acquisition of state or federal criminal history record information for an individual. (4) “Criminal history record information” shall mean information collected by state or federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other formal criminal charges and any disposition arising therefrom, sentencing, correctional supervision and release. “Criminal history record information” shall include the names and identification numbers of police, probation, and parole officers, and such information shall not be within the definition of a “public record” for purposes of the Freedom of Information Act, Chapter 100 of Title 29. Pursuant to the provisions of this subchapter, upon application the State Bureau of Identification shall release to members of the news media, and to individuals and agencies as defined by this subchapter, a random number that is unique and permanent to each arresting officer as a surrogate for the officer’s agency or department-issued identification number. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system. Nor shall the term include information contained in: a. Posters, announcements or lists for identifying or apprehending fugitives or wanted persons; b. Original records of entry such as police blotters or other electronically stored information sources maintained by criminal justice agencies which are required by law with long-standing custom to be made public. Notwithstanding any other provision of this title, the arresting criminal justice agency may disclose to the public arrest data that is reasonably contemporaneous to the event for which an individual is currently involved in the criminal justice system; c. Court records of public judicial proceedings; d. Published court or administrative opinions or public judicial, administrative or legislative proceedings; e. Records of traffic offenses maintained by the Division of Motor Vehicles for the purpose of regulating the issuance, supervision, revocation or renewal of driver’s, pilot’s or other operator’s licenses; f. Announcements of executive clemency. (5) “Criminal justice agency” shall mean: a. Every court of this State and of every political subdivision thereof; b. A government agency or any sub-unit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. Such agencies shall include, but not be limited to, the following: 1. The Delaware State Police. 2. All law-enforcement agencies and police departments of any political subdivision of this State. 3. The State Department of Justice. 4. The Office of the Solicitor of the City of Wilmington. 5. The Delaware Criminal Justice Information System, Office of the Director. 6. The Department of Correction. 7. The Division of Youth Rehabilitative Services. 8. The Division of Family Services. 9. The Division of Alcohol and Tobacco Enforcement. 10. The Federal Bureau of Investigation. 11. The Division of Professional Regulation. 12. The Office of Animal Welfare. 13. The Division of Management Support Services in the Department of Services for Children, Youth and Their Families. 14. The Office of the Child Advocate. (6) “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. (7) “Disposition” shall include, but not be limited to, trial verdicts of guilty or not guilty, nolle prosequis, Attorney General probations, pleas of guilty or nolo contendere, dismissals, incompetence to stand trial, findings of delinquency or nondelinquency and initiation and completion of appellate proceeding. (8) “Dissemination” shall mean the transmission of criminal history record information, or the confirmation of the existence or nonexistence of such information. The term shall not include: a. Internal use of information by an officer or employee of the agency which maintains such information; b. Transmission of information to the State Bureau of Identification; c. Transmission of information to another criminal justice agency in order to permit the initiation of subsequent criminal justice proceedings; d. Transmission of information in response to inquiries from criminal justice agencies via authorized system terminals, which agencies provide and/or maintain the information through those terminals. e. Whenever a “peace officer” as defined in § 1901 of this title or an “emergency-care provider” as defined in § 2503A of Title 16 alerts a school district or charter school about the presence of a minor child or a child that has reached the age of 18 that continues to be enrolled in high school that has been identified at the scene of a traumatic event. The peace officer or emergency-care provider may only release the student’s name directly to the school district or charter school and state that the student was present at the scene of a traumatic event. (9) “FBI criminal history systems” shall mean the electronic clearinghouse of crime data accessible to criminal justice agencies nationwide that is maintained by the Federal Bureau of Investigation. (10) “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 nongovernmental entity. (11) “Law-enforcement officer” shall include police officers, special investigators pursuant to § 9016 of Title 29, the Attorney General and the Attorney General’s deputies, state fire marshals, municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Police Officer Standards and Training Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Police Officer Standards and Training Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, sheriffs and their regular deputies, agents of the State Division of Alcohol and Tobacco Enforcement, correctional officers, animal welfare officers of the Office of Animal Welfare, and constables. For purposes of this subchapter, sheriffs and their regular deputies shall not have any arrest authority. (12) “Nonconviction data” means arrest information without disposition if an interval of 1 year has elapsed from the date of arrest and no active prosecution of the charge is pending, or information disclosing that the police have elected not to refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed, as well as all acquittals and all dismissals. (13) “Rap Back System” shall mean a service maintained by the FBI to provide authorized noncriminal and criminal justice agencies ongoing status notifications of any criminal history subsequently reported to the FBI in its criminal history system after the initial criminal or civil transaction thus eliminating the need for repeated background checks on a person from the same applicant agency. (14) “Recipient agency” means any government agency which is directed or authorized by law to conduct a criminal history background check for the purposes of employing or licensing any individual in this State. (15) “Release status” shall mean information concerning whether or not an individual is incarcerated and the reason therefor, which shall include but is not limited to information concerning releases on bail, or on own recognizance, commitments in default of bail, referrals to other agencies, decision of prosecutors not to commence or to postpone criminal proceedings, release from institutions and any conditions imposed concerning those released.

Del. Code tit. 11, § 8503 Function; administration; appointment of Director.

(a) The State Bureau of Identification, hereinafter referred to as the “Bureau,” is continued within the Division of State Police. The Bureau shall be the central state repository for criminal history record information (CHRI) and such additional information as specified in this subchapter. (b) Subject to this subchapter, the Bureau shall be administered by the Superintendent of State Police. It shall be equipped and maintained by the State Police as a separate budget unit within the Department of Safety and Homeland Security. (c) The Superintendent of State Police shall appoint, subject to the approval of the Department of Safety and Homeland Security, a Director of the Bureau. The Director shall be a regularly appointed member of State Police, who shall be trained and experienced in the classification and filing of fingerprints, and the Director and all other employees of the Bureau shall be subject to the same rules and regulations governing the State Police. (d) A representative of the Bureau to be designated by the Superintendent shall be a member of any board or regulatory body established for the collection, retention and dissemination of criminal history information.

Del. Code tit. 11, § 8504 Personnel.

The Bureau personnel shall consist of regular appointed members of the State Police, and such other personnel as may be deemed necessary to carry out this chapter. The personnel so appointed shall each be experienced in the work to be performed by them.

Del. Code tit. 11, § 8505 Duty to provide security of criminal history record information and security investigations.

(a) The Director shall provide security of criminal history record information contained in the facilities of the Bureau. (b) The Director shall establish procedures to assure that Bureau records, under the control or custody of any authorized agency, shall be protected from unauthorized access, disclosure or dissemination. (c) Each employee of the Bureau working with or having access to criminal history record information shall be made familiar with the substance and intent of this chapter. (d) Direct access to criminal history record information from the Bureau shall be available only to authorized officers or employees of a criminal justice agency, and, as necessary, to other authorized personnel essential to the proper operation of the criminal history record information system. (e) The Director shall be responsible for investigations of violations of this chapter.

Del. Code tit. 11, § 8506 Duty to maintain complete and accurate records; performance of annual audit.

(a) The Bureau shall maintain in a complete and accurate manner information received pursuant to this subchapter to the maximum extent feasible. (b) Any and all criminal history records and other information which is transmitted directly by computer terminal by a criminal justice agency shall be deemed to have been transmitted to the Bureau within the meaning of this subchapter. (c) The Bureau shall file all information received by it and shall make a systematic record and index thereof, to the end of providing a method of convenient reference and consultation. No information identifying a person received by the Bureau may be destroyed by it until 10 years after the person identified is known or reasonably believed to be dead, or until that person reaches age 80 or reaches age 75 with no criminal activity listed on the person’s record in the past 40 years, whichever shall first occur, except as otherwise provided by statute. (d) A criminal justice agency shall, upon finding inaccurate criminal history record information of a material nature, notify all criminal justice agencies, and all other persons and agencies, known to have received such information. (e) When a criminal justice agency receives notification that an inaccuracy appears in criminal history record information having originated with that agency, such agency shall take appropriate steps to correct the inaccuracy. (f) The Bureau shall assure that an annual audit is conducted of a representative sample of agencies accessing or maintaining data files as provided in this subchapter. This audit shall encompass both manual and computerized data systems, and shall be conducted at such time and according to procedures as the Bureau shall prescribe. A full report of the findings of each audit made pursuant to this subsection shall be communicated to the individual agency so audited.

Del. Code tit. 11, § 8507 Information to be supplied by law-enforcement officers.

(a) Every law-enforcement officer of the State and of any political subdivision thereof shall transmit to the Bureau: (1) Within 48 hours after the arrest of any individual, the names, fingerprints if taken and such other data as the Director may from time to time prescribe of all individuals arrested for a criminal offense, including, but not limited to: a. An indictable offense, or such nonindictable offense as is, or may hereafter be, included in the compilations of the United States Department of Justice; b. Being a fugitive from justice; (2) The fingerprints, photographs and other data prescribed by the Director concerning unidentified dead persons; (3) The fingerprints, photographs and other data prescribed by the Director of all individuals making application for a permit to buy or possess illegal weapons or firearms or to carry concealed a deadly weapon; (4) A record of the indictable offenses and such nonindictable offenses as are committed within the jurisdiction of the reporting officer, including a statement of the facts of the offense and a description of the offender, so far as known, the offender’s method of operation, changes in release status and such other information as the Director may require; (5) Copies of such reports as are required by law to be made, and as shall be prescribed by the Director, to be made by pawnshops, second-hand dealers and dealers in weapons. (b) All photographs submitted of individuals described in this section shall be of a recent date, taken while such individuals are attired in civilian clothes.

Del. Code tit. 11, § 8508 Information to be supplied by court officials.

Every court of this State or of any political subdivision thereof having original or appellate jurisdiction over indictable offenses, or over such nonindictable offenses as are herein mentioned, shall transmit to the Bureau in such manner as the Director shall designate such information regarding every indictment, information, petitions or complaints of delinquency, or other formal criminal charge, and every change in release status, disposition and sentencing made thereof within 90 days of said action.

Del. Code tit. 11, § 8509 Information to be supplied by heads of institutions.

Every person in responsible charge of an institution to which there are committed individuals convicted of crime, or persons declared to be not guilty by reason of mental illness, or declared incompetent to stand trial for criminal offenses or involuntarily committed for mental illness pursuant to Chapter 50 of Title 16, shall: (1) Transmit to the Bureau the names, dates of birth and Social Security numbers of all adults so committed and shall report any subsequent change in release status. Every person in responsible charge of such institutions shall also forward to the Bureau the names and photographs of all individuals who are to be discharged from such institutions, after having been confined in such institutions. Such photographs shall be taken immediately before release of such individuals, and the individual shall be attired in civilian clothes. (2) Pursuant to § 1448A of this title, cause to be transmitted to the Federal Bureau of Investigation, National Instant Criminal Background Check System, such information as may be required to comply with federal laws and regulations relating to background checks for the purchase or transfer of firearms.

Del. Code tit. 11, § 8510 Information to be supplied by Department of Correction and Division of Youth Rehabilitative Services.

The Department of Correction and the Division of Youth Rehabilitative Services shall, within 48 hours, transmit to the Bureau: (1) The names, fingerprints, photographs and other data prescribed by the Director, concerning all persons who are received or committed to such penal institution, or who are placed on parole or probation for any offense. Such photographs shall be of a recent date, and taken while such individuals are attired in civilian clothes; (2) The names and photographs of all prisoners who are to be released or discharged from such institutions, after having been confined in such institutions. Such photographs shall be taken immediately before release of such persons, and the person shall be attired in civilian clothes; (3) Notice of all paroles granted, revoked or completed, changes in release status, conditional releases, commutations of sentence, pardons and deaths of all persons described in paragraphs (1) and (2) of this section.

Del. Code tit. 11, § 8510A Information to be supplied by Division of Professional Regulation.

The Division of Professional Regulation shall transmit to the Bureau, in such manner as the Director shall designate, certain information regarding the Division’s investigations, civil enforcement actions or complaints, and changes in license status when such information is related to alleged criminal conduct. By December 27, 2010, the Division, in cooperation with the Executive Director of the Delaware Criminal Justice Information System, shall promulgate regulations governing what information the Division must supply to the Bureau, and the time period in which it must do so.

Del. Code tit. 11, § 8511 Time period for submission of required information.

If no time period is prescribed in this subchapter for the submission of information to the Bureau, the information required shall be submitted within such time period and in such manner as the Director shall designate.

Del. Code tit. 11, § 8512 Access to institutions and public records.

Any employee of the Bureau, upon written authorization by the Director, may enter any correctional center or mental institution to take or cause to be taken fingerprints or photographs or to conduct investigations relative to any person confined therein, for the purpose of obtaining information which may lead to the identification of criminals; and every person who has charge or custody of public records or documents from which it may reasonably be supposed that information described in this subchapter can be obtained, shall grant access thereto to any employee of the Bureau upon written authorization by the Director or shall produce such records or documents for the inspection and examination of such employee.

Del. Code tit. 11, § 8513 Dissemination of criminal history record information.

(a) Upon application, the Bureau shall furnish a copy of all information available pertaining to the identification and criminal history of any person or persons of whom the Bureau has a record to: (1) Criminal justice agencies and/or courts of the State or of any political subdivision thereof or to any similar agency and/or court in any State or of the United States or of any foreign country for purposes of the administration of criminal justice and/or criminal justice employment; (2) Any person or the person’s attorney of record who requests a copy of the person’s own Delaware criminal history record, provided that such person: a. Submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify one’s self as the person whose record this individual seeks; and b. Pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police; (3) The Office of Defense Services when requesting information about an individual for whom the Office of Defense Services is attorney of record; (4) The Commissioner of Elections when requesting the results of a criminal history background check concerning an individual who seeks to become a candidate for an elected office and, who is required to obtain a criminal history background check under Title 15. (b) Upon application, the Bureau shall, based on the availability of resources and priorities set by the Superintendent of State Police, furnish information pertaining to the identification and criminal history of any person or persons of whom the Bureau has a record, provided that the requesting agency or individual submits to a reasonable procedure established by standards set forth by the Superintendent of the State Police to identify the person whose record is sought. These provisions shall apply to the dissemination of criminal history record information to all of the following: (1) Individuals and public bodies for any purpose authorized by Delaware state statute or executive order, court rule or decision or order. (2) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement. Said agreement shall embody an agency agreement as prescribed in § 8611 of this title. (3) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to a specific agreement with a criminal justice agency. Said agreement shall embody an agency agreement as prescribed in 8611 of this title. (4) Individuals and agencies for purposes of international travel. (5) Individuals and agencies required to provide a security clearance for matters of national security. (c) Upon application the Bureau may, based upon the availability of resources and priorities set by the Superintendent of State Police, furnish information pertaining to the identification and conviction data of any person or persons of whom the Bureau has record, provided that the requesting agency or individual submits to a reasonable procedure established by standard set forth by the Superintendent of State Police to identify the person whose record is sought. These provisions shall apply to the dissemination of conviction data to: (1) Individuals and agencies for the purpose of employment of the person whose record is sought, provided: a. The requesting individual or agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police; and b. The use of the conviction data shall be limited to the purpose for which it was given; (2) Members of the news media, provided that the use of conviction data shall be limited to the purpose for which it was given, and the requesting media or news agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police. (d) Dissemination of criminal history record information, by any person or agency other than the Bureau or its designee is prohibited. Notwithstanding this prohibition, the dissemination of criminal history record information by any criminal justice agency is authorized: (1) In those cases in which time is of the essence and the Bureau is technologically incapable of responding within the necessary time period, or (2) Whenever dissemination of arrest data to members of the public is authorized by this chapter. (e) Appropriate records of dissemination shall be retained by the Bureau and criminal justice agencies storing, collecting and disseminating criminal history record information to facilitate audits. Such records shall include, but not be limited to, the names of persons and agencies to whom information is disseminated and the date upon which such information is disseminated. (f) Unless otherwise specified by the court order directing that a record be sealed, such sealing shall not preclude dissemination of the arrest or conviction information concerning the subject of the court order, nor shall it preclude dissemination of the fact a sealed record exists, providing any dissemination made is pursuant to this chapter and Chapter 43 of this title. (g) Notwithstanding any law or court rule to the contrary, the dissemination to the defendant or defense attorney in a criminal case of criminal history record information pertaining to any juror in such case is prohibited. For the purposes of this subsection, “juror” includes any person who has received notice or summons to appear for jury service. This subsection shall not prohibit the disclosure of such information as may be necessary to investigate misconduct by any juror.

Del. Code tit. 11, § 8514 User agreements [Transferred].

Transferred to § 8611 of this title by 80 Del. Laws, c. 169, § 1, effective August 17, 2015.

Del. Code tit. 11, § 8515 Furnishing information of injured or deceased persons.

If a law-enforcement officer or the Division of Forensic Science transmits to the Bureau the identification data of any unidentified deceased or injured person or any person suffering from loss of memory, the Bureau shall furnish to such officer or the Division any information available pertaining to the identification of such person.

Del. Code tit. 11, § 8516 Furnishing information without application.

Although no application for information has been made to the Bureau as provided in § 8513 of this title, the Bureau may transmit such information as the Director, in the Director’s discretion, designates to such persons as are authorized by § 8513 of this title to make application for it and as are designated by the Director.

Del. Code tit. 11, § 8517 Local assistance.

(a) At the request of any officer or official described in §§ 8507, 8509 and 8510 of this title, the Superintendent of State Police may direct the Director to assist such officer: (1) In the establishment of local identification and record system; (2) In investigating the circumstances of any crime and in the identification, apprehension and conviction of the perpetrator or perpetrators thereof, and for this purpose may detail such employee or employees of the Bureau, for such length of time as the Director deems fit; and (3) Without such request the Director shall, at the direction of the Governor, detail such employee or employees, for such time as the Governor deems fit, to investigate any crime within this State, for the purpose of identifying, apprehending and convicting the perpetrator or perpetrators thereof. (b) The Governor may, in the Governor’s discretion, delegate to the Secretary of Public Safety the powers, duties or functions set forth in this section.

Del. Code tit. 11, § 8518 Scientific crime detection laboratory.

To the end that the Bureau may be able to furnish the assistance and aid specified in § 8517 of this title, the Superintendent of the State Police may direct the Director to organize in the Bureau and maintain therein scientific crime detection laboratory facilities.

Del. Code tit. 11, § 8519 Certified copies of records.

Any copy of a record, picture, photograph, fingerprint or other paper or document in the files of the Bureau certified by the Director or the Director’s designee to be a true copy of the original shall be admissible in evidence in any court of this State in the same manner as the original might be.

Del. Code tit. 11, § 8520 Annual report.

The Director shall submit to the Superintendent of State Police an annual report of the conduct of the office. This report shall present summary statistics of the information collected by the Bureau.

Del. Code tit. 11, § 8521 Access to files.

Only employees of the Bureau and persons specifically authorized by the Director shall have access to the files or records of the Bureau. No such file or record or information shall be disclosed by any person so authorized except to officials as in this subchapter provided.

Del. Code tit. 11, § 8522 Authority to take fingerprints, photographs and other data.

(a) To the end that the officers and officials described in §§ 8507, 8509, 8510 and 8525 of this title may be enabled to transmit the reports required of them, such officers and officials shall have the authority and duty to take, or cause to be taken, fingerprints, photographs and other data of persons described in such section. A like authority shall be had by employees of the Bureau who are authorized to enter any institution under § 8512 of this title, as to persons confined in such institutions. (b) Every person arrested for a crime or crimes enumerated in § 8507 of this title shall submit to being fingerprinted, photographed and shall supply such information as required by the Superintendent. Whoever shall fail to comply with this section shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title. The Justice of the Peace Court shall have jurisdiction over violations of this section.

Del. Code tit. 11, § 8523 Penalties.

(a) Whoever intentionally neglects or refuses to make any report lawfully required of the person under this subchapter, or to do or perform any other act so required to be done or performed by the person, or hinders or prevents another from doing an act so required to be done by such person, shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title. (b) Any person who knowingly and wrongfully destroys or falsifies by addition or deletion any computerized or manual record of the Bureau or of a criminal justice agency, which contains criminal history record information, or who knowingly permits another to do so, shall be guilty of a class E felony and shall be punished according to Chapter 42 of this title. (c) Any person who knowingly provides CHRI to another for profit is guilty of a class E felony and shall be punished according to Chapter 42 of this title. (d) Any person who knowingly provides criminal history record information to a person or agency not authorized by this subchapter to receive such information or who knowingly and wrongfully obtains or uses such information shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this title. (e) Conviction of a violation of this section shall be prima facie grounds for removal from employment by the State or any political subdivision thereof, in addition to any fine or other sentence imposed.

Del. Code tit. 11, § 8524 Admissible evidence.

Nothing in this subchapter, or amendments adopted pursuant thereto, shall provide the basis for exclusion or suppression of otherwise admissible evidence in any proceeding before a court, or other official body empowered to subpoena such evidence.

Del. Code tit. 11, § 8525 Information voluntarily supplied by individuals.

Whenever a person appears before any of the officers mentioned in § 8507 of this title, and requests an impression of the person’s fingerprints, such mentioned officer shall comply with the request, and make at least 2 copies of the impressions on forms supplied by the Bureau. One copy shall be forwarded to the Federal Bureau of Investigation at Washington, D.C., and 1 copy shall be forwarded promptly to the Bureau, subject to § 8513 of this title, together with any personal identification data obtainable. The Bureau shall accept and file such fingerprints and personal identification data submitted voluntarily by such resident in a separate filing system, for the purpose of securing a more certain and easy identification in case of death, injury, loss of memory or change of appearance.

Del. Code tit. 11, § 8526 Voluntary fingerprinting of certain school children.

(a) The Superintendent of State Police shall provide for the training on a time-available basis of volunteers who are nominated by the board of education of each reorganized school district or board of trustees of each private school from parent teacher associations, parent teacher organizations, citizens’ advisory councils or other involved groups such as the Girls’ Clubs of Delaware, Incorporated, who are involved in student activities or pilot programs dealing with the subject at hand, or as individuals for the purpose of voluntary fingerprinting of pupils in any grades from kindergarten through grade 9. Upon completion of such training prescribed by the Superintendent of State Police, such volunteers may take fingerprints pursuant to this section. (b) Public and private school officials shall cooperate with the aforesaid organizations in the nomination of volunteers and in setting dates for fingerprinting pupils pursuant to this section and providing school facilities and personnel to assist the volunteers in the fingerprinting process; provided, however, unless otherwise approved by the local board of education that fingerprinting of a pupil shall not occur during school hours for said pupil. (c) Each school shall provide a form authorizing a pupil’s participation in the fingerprinting program upon the signature of the pupil’s parent or guardian. No pupil shall be fingerprinted unless a signed authorization form is in the possession of school officials or person conducting the fingerprinting. (d) School officials shall notify the parents or guardians of eligible pupils of the date set for the fingerprinting program at least 2 weeks prior thereto. For purposes of this subsection, “eligible pupils” means pupils who have not been fingerprinted previously pursuant to this section. (e) Fingerprinting pursuant to this section shall be done on a fingerprint card provided by the school with the form thereof approved by the Superintendent of State Police. In addition to fingerprints the card shall contain the following information: Name, address, race, sex, date of birth, birthplace, height, weight, color of hair, color of eyes, complexion, scars and the name of the parent or guardian of the pupil. (f) The completed fingerprint card and any duplicate shall be given to the pupil’s parent or guardian. Only upon the request of the pupil’s parent or guardian may a duplicate fingerprint card be made.

Del. Code tit. 11, § 8527 Criminal history background checks; state and/or federal CHRI reports; receipt by government agencies; procedures.

(a) Notwithstanding any other provision of the law to the contrary, any recipient agency seeking a criminal history background check for the purposes of employing or licensing any individual in this State pursuant to a statutory mandate or authorization shall submit to the Bureau, in the manner and form designated by the Superintendent of State Police, fingerprints and other necessary information in order to obtain the following: (1) A report of the individual’s entire state criminal history record information from the Bureau or a statement from the Bureau that the State Bureau of Identification Central Repository contains no such information relating to that person (state CHRI report); (2) A report of the individual’s entire federal criminal history record information from the Federal Bureau of Investigation (federal CHRI report); and (3) A report of an individual’s subsequent criminal history record information as part of ongoing monitoring and reporting through the Bureau, the FBI’s criminal history systems or the Rap Back System. (b) Unless otherwise specified by statute, the recipient agency shall pay to the Bureau all fees associated with the acquisition of state and federal CHRI reports. (c) All CHRI reports obtained pursuant this section shall be forwarded to the recipient agency for review associated with the employment and/or licensing of the individual for whom the CHRI reports are sought. For the purposes of this section the Bureau shall be the intermediary and the recipient agency shall be the screening point for the receipt of CHRI reports. (d) All CHRI reports obtained pursuant to this section are confidential and may only be disclosed to the chief officer of the recipient agency, or the chief officer’s designee, or to the individual employed by the recipient agency who has been designated by statute to receive CHRI reports. If disclosed to a designee of the chief officer of the recipient agency, then prior to processing any state or federal CHRI reports, said designee shall receive training in confidentiality and shall sign an agreement to keep such information confidential. Notwithstanding the foregoing and unless otherwise specified by statute, any recipient agency to whom a CHRI report has been disclosed pursuant to this section shall review such CHRI report with the individual for whom it was sought upon the individual’s request. (e) The State Bureau of Identification may release any subsequent CHRI reports to a recipient agency when properly requested. No federal CHRI report shall be disclosed to any private entity at any time except as expressly authorized by the Federal Bureau of Investigation. (f) Information provided to the recipient agency pursuant this section by the individual for whom any CHRI report is being sought shall be accompanied by an oath or affirmation provided by the recipient agency and signed by the individual under penalty of perjury: (1) Indicating that said information is true and complete to the best of the individual’s knowledge; and (2) Acknowledging that knowingly and intentionally providing false, incomplete or inaccurate information is a felony. (g) Any person for whom a CHRI report is being sought pursuant to this section who knowingly and intentionally provides a recipient agency or the Bureau with false, incomplete or inaccurate information shall be guilty of a class F felony and shall be punished according to Chapter 42 of this title. Conviction pursuant to this subsection shall not preclude prosecution for perjury in the second degree pursuant to Chapter 5 of this title. (h) Fingerprints and other associated information/biometrics collected within this section will be retained for the purpose of continuous comparison to other fingerprints, associated information/biometrics, which are maintained by the Bureau and in the FBI’s Next Generation Identification (NGI) system or its successor systems (including civil, criminal, and latent fingerprint repositories). (i) This section shall apply to any recipient agency seeking a state or federal CHRI report for the purposes of employing or licensing any individual in this State.

Del. Code tit. 11, § 8531 Definitions.

For purposes of this subchapter: (1) “Complaint” means a report, notification, or information given to a law-enforcement officer that a person is missing or cannot, with reasonable care, be located. (2) “Missing person” means a person who is missing, and who also meets 1 of the following characteristics: a. Is a person with physical, intellectual, or developmental disabilities. b. The person was, or is, in the company of another person under circumstances indicating that the missing person’s safety may be in danger. c. The person is missing under circumstances indicating that the disappearance was not voluntary. d. The person is a child. (3) “Verified location” means the location where it has been confirmed that the missing person was last seen. For purposes of this paragraph (3), “confirmed” includes credible witness identification and verification by video surveillance or similar technology.

Del. Code tit. 11, § 8532 Original complaint.

A missing person complaint may be made to any county, town, city or state law-enforcement agency or any other appropriate state agency. The law-enforcement agency having primary jurisdiction over the verified location where a missing person was last seen shall be responsible for receiving a missing person complaint and initiating the investigation. If the location where the missing person was last seen cannot be verified, the law-enforcement agency having primary jurisdiction over the missing person’s last known place of residence shall be responsible for receiving a missing person complaint and initiating the investigation. Such complaint shall state the age of the missing person. When an agency has received a missing person complaint, such agency shall immediately disseminate all known facts concerning the missing person to all county and state law-enforcement agencies, and to any other law-enforcement agency which may be appropriate. A new missing person complaint shall have high priority.

Del. Code tit. 11, § 8533 Law-enforcement reports.

The law-enforcement agency which has primary jurisdiction in the area from which a missing person complaint has been filed shall prepare, as soon as practicable, a report on the missing person. Such report shall include, but is not limited to, the following: (1) All information contained in the original complaint; (2) All information or evidence gathered by the preliminary investigation, if one was made; (3) A statement, by the law-enforcement officer in charge, setting forth that officer’s assessment of the case, based upon all evidence and information received; (4) Any additional, supplemental or unusual information which the agency feels may be of importance in locating the missing person.

Del. Code tit. 11, § 8534 Dissemination of missing person report.

Upon completion of the missing person report, the law-enforcement agency shall send a copy of the report to: (1) Each law-enforcement officer having jurisdiction over the location in which the missing person was last seen, or the missing person’s last known place of residence; (2) Each state agency which the reporting law-enforcement agency considers to be potentially involved, and each private agency known to the law-enforcement agency which has, as a part of its functions, the searching for or location of missing persons; (3) Each state agency to which the nearest relative to the missing person, or the complaint if no relative is located, requests that the report be sent; provided, however, that the forwarding of any report under this section shall be at the discretion of the law-enforcement agency; (4) Each law-enforcement agency which requests a copy of the missing person report.

Del. Code tit. 11, § 8535 Missing person report involving a child.

(a) If a report of a missing person under § 8532 of this title involves a child, the law-enforcement agency preparing the report under § 8533 of this title shall comply with § 8544 of this title. (b) If a report of a missing person under § 8532 of this title involves a child, the law-enforcement agency may not prevent an immediate active investigation based on an agency rule that specifies an automatic time limitation for a missing person investigation.

Del. Code tit. 11, § 8536 Dental records.

(a) Each law-enforcement agency shall be provided with dental authorization forms, promulgated by the Attorney General, which when signed by a parent, guardian, or legal custodian of a child permits the release of dental records to law-enforcement authorities. (b) If the missing person complaint indicates that the missing person is a child, a properly executed dental authorization must be taken to the family dentist and any other dentist who has records that would assist in identification of the missing person. The dental identification must be disseminated to the Medical Examiner and all other appropriate state agencies.

Del. Code tit. 11, § 8537 Unidentified deceased persons — Duties of law-enforcement agency.

A law-enforcement agency shall do all of the following: (1) Acquire, collect, classify, and preserve any information that would assist in the identification of any deceased individual who has not been identified after the discovery of the deceased individual. (2) Acquire, collect, classify, and preserve immediately any information that would assist in the location of any missing person, including any child, and provide confirmation as to any entry to the parent, guardian, legal custodian, or next of kin; and the agency shall acquire, collect, classify, and preserve the information as it deems necessary from each parent, guardian, legal custodian, or next of kin. (3) Exchange the records and information as are provided for in this section with other law-enforcement agencies of this State, of any other state, or of the United States. With respect to missing children, the records and information must be transmitted immediately to other law-enforcement agencies.

Del. Code tit. 11, § 8538 Unidentified deceased persons — Fingerprints.

The Medical Examiner shall promptly furnish the Department of Safety and Homeland Security with copies of the fingerprints of each unidentified deceased person. The copies of such fingerprints shall be on standardized cards, and shall be accompanied by descriptions and other identifying data, including any available information concerning the date and place of death. In any instance where it is not physically possible to furnish prints of all 10 fingers, the prints or partial prints of any fingers, together with identifying data, shall be forwarded by the Medical Examiner to the Department.

Del. Code tit. 11, § 8541 Established.

The Missing Children Information Clearinghouse, hereinafter referred to as “Clearinghouse,” is created within the State Bureau of Identification. The Clearinghouse is established as a central repository of information regarding missing children. Such information shall be collected and disseminated to assist in the location of missing children. The Director of the State Bureau of Identification shall establish services deemed appropriate by the Superintendent of State Police to aid in the location of missing children.

Del. Code tit. 11, § 8542 Definitions.

As used in this subchapter: (1) “Missing child” means any person who is under the age of 18 years, whose temporary or permanent residence is in Delaware, or is believed to be in Delaware, whose location has not been determined, and who has been reported as missing to a law-enforcement agency. (2) “Missing child report” is a report prepared on a form designed by the Clearinghouse for use by private citizens and law-enforcement agencies to report missing children information to the Clearinghouse.

Del. Code tit. 11, § 8543 Duties.

(a) The Clearinghouse shall do all of the following: (1) Provide a form of missing child report for use by private citizens and law-enforcement agencies. (2) Establish a system of interstate communication of information relating to children determined to be missing. (3) Provide a centralized file for the exchange of information of missing children within the State. (4) Interface with the National Crime Information Center (“NCIC”) for the exchange of information on a missing child suspected of interstate travel. (5) Collect, process, maintain, and disseminate information on missing children and strive to maintain or disseminate only accurate and complete information. (6) Publish the name of and relevant available information on a missing child. (7) Publish annual statistics regarding missing children. (b) The Clearinghouse may establish and maintain a list of organizations and groups that provide volunteer search teams for resources relating to missing children.

Del. Code tit. 11, § 8544 Filing missing child reports; notification upon location; purging information; return of fingerprints.

(a) Every constable, chief police officer, officer in charge, member of the State Police and other law-enforcement agency, and officer of the State and of any local governmental unit shall do all of the following: (1) Immediately accept and act on information on any missing child by police radio broadcasts and by causing missing child entries to be made into the Delaware Criminal Justice Information System (“DELJIS”) and NCIC. (2) Transmit information to the Clearinghouse, so far as available, on a missing child report concerning a missing child within 24 hours after receipt of the information. (3) Notify the Delaware Information Analysis Center (“DIAC”). At the request of the law-enforcement agency, DIAC shall assist by providing intelligence and disseminating information on the missing child to the appropriate law-enforcement partners. (4) Institute appropriate search procedures, including the coordination of volunteer search teams. (5) Notify the National Center for Missing and Exploited Children. (b) Any person may submit a missing child report to a local law-enforcement agency having jurisdiction for investigation and referral of the missing child report to the Clearinghouse on any child whose whereabouts is unknown, regardless of the circumstances, and the report must be included in the Clearinghouse database. (c) The person responsible for notifying the Clearinghouse or a law-enforcement agency of a missing child shall immediately notify the Clearinghouse or the law-enforcement agency of any child whose location has been determined. (d) Information received under this section must be purged by the appropriate law-enforcement agency and the Clearinghouse immediately on location of a missing child who has been included in the Clearinghouse database. Fingerprints of a missing child provided to a law-enforcement agency or the Clearinghouse must be returned to the person providing the fingerprints on location of the missing child. (e) The Delaware State Police shall adopt rules and regulations for the utilization of DIAC to assist investigative law-enforcement agencies during their investigation as a resource for the receipt, analysis, and dissemination of information to those entities that have a need and right to know about the missing child.

Del. Code tit. 11, § 8550 Definitions.

The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Child” shall mean any person who is less than 18 years old; (2) “Child sexual abuse” means any of the following crimes committed against a child: a. Any sexual offense or child exploitation in violation of any offense within subchapter II, subpart D, and subchapter V of Chapter 5 of this title committed by an adult; b. Notwithstanding § 1009 of Title 10, any adjudication of delinquency which, if the person had been charged as an adult, would constitute an offense in violation of any offense within subchapter II, subpart D, and subchapter V of Chapter 5 of this title committed by a juvenile; or c. Any conviction, plea or adjudication of delinquency under the laws of another state, territory or jurisdiction which is the same as or equivalent to the preceding specified offenses. (3) The term “child sex abuser information” means the following information concerning a person who has been convicted of a violation of the criminal child sex abuse laws of this State: a. Name, Social Security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and a brief description of the crime or crimes committed by the offender; b. A copy of the fingerprints of the offender; and c. Any information that the State Bureau of Identification, the Federal Bureau of Investigation or the National Crime Information Center determines may be useful in identifying child sex abusers; (4) The term “criminal child sex abuse laws of this State” means those sections of the Delaware Criminal Code which establish criminal penalties for the commission of child sex abuse by a parent or other family member of a child or by any other person; (5) “National Crime Information Center” means the division of the Federal Bureau of Investigation that serves as a computerized information source on wanted criminals, persons named in arrest warrants, runaways, missing children and stolen property for use by federal, state and local law-enforcement authorities.

Del. Code tit. 11, § 8551 Establishment of Child Sex Abuse Information Repository.

The Child Sex Abuse Information Repository is hereby created within the State Bureau of Identification. The Child Sex Abuse Information Repository is established as a central repository of child sex abuser information.

Del. Code tit. 11, § 8552 Guidelines.

(a) The Director of the State Bureau of Identification shall coordinate the reporting of child sex abuser information to the Child Sex Abuse Information Repository and shall issue guidelines to all law-enforcement agencies in the State to ensure reporting accuracy. (b) The guidelines established under subsection (a) of this section shall require that all convictions under the criminal child sex abuse laws of this State are reported to the Child Sex Abuse Information Repository.

Del. Code tit. 11, § 8553 Duties.

The Director of the State Bureau of Identification shall ensure that: (1) Reports of all convictions under the criminal child sex abuse laws of this State are maintained by the Child Sex Abuse Information Repository; (2) The Child Sex Abuse Information Repository works closely with schools, daycare centers and the Department of Services for Children, Youth and Their Families in providing child sex abuser information; (3) The Child Sex Abuse Information Repository reports child sex abuser information to the National Crime Information Center; and (4) The Child Sex Abuse Information Repository maintains close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for exchange of information.

Del. Code tit. 11, § 8563 Child Protection Registry check for health care.

(a) Definitions. — (1) “Direct access” means the opportunity to have personal contact with persons receiving care during the course of one’s assigned duties. (2) “Health-care facility” means any custodial or residential facility where health, nutritional or personal care is provided for persons, including nursing homes, hospitals, home health-care facilities and adult day-care facilities. (3) “Person seeking employment” means any person applying for employment in a health-care facility. (b) No employer who operates a health-care facility may hire any person seeking employment without requesting and receiving a Child Protection Registry check for the person. Notwithstanding any provision to the contrary, no person seeking employment with such an employer may be hired if the person seeking employment is currently on the Child Protection Registry at Child Protection Level III or IV as provided in subchapter II of Chapter 9 of Title 16, or has been convicted of any offense contained in Child Protection Level IV, or for 7 years after the conviction date if the person has been convicted of any Level III offense in which a child was the victim. A person who is employed in a health-care facility has an affirmative duty to inform, and shall inform, that person’s own employer of any criminal conviction or of any entry on the Child Protection Registry. (c) Any employer who is required to request a Child Protection Registry check under this section shall obtain a statement signed by the person seeking employment wherein the person authorizes a full release for the employer to obtain the information provided pursuant to such a check. (d) Notwithstanding the provisions of this section, when exigent circumstances exist which require an employer to fill a position in order to maintain the required or desired level of service, the employer may hire a person seeking employment on a conditional basis after the employer has requested a Child Protection Registry check. The employment of the person pursuant to this subsection shall be conditional and contingent upon the receipt of the Child Protection Registry check by the employer. Any person hired pursuant to this subsection shall be informed in writing, and shall acknowledge in writing, that the person’s own employment is conditional, and contingent upon receipt of the Child Protection Registry check. (e) The Department of Services for Children, Youth and Their Families shall promulgate regulations giving guidance for a procedure to notify employers of any relevant matters indicated in the Child Protection Registry check. (f) Costs associated with providing a Child Protection Registry check shall be borne by the State. (g) Any employer who hires a person seeking employment without requesting and receiving a Child Protection Registry check for such person shall be subject to a civil penalty or not less than $1,000 nor more than $5,000 for each violation. (h) [Repealed.]

Del. Code tit. 11, § 8564 Adult Abuse Registry check.

(a) Definitions. — As used in this section: (1) “Adult abuse” means: a. Physical abuse by unnecessarily inflicting pain or injury to an adult who is impaired. This includes, but is not limited to, hitting, kicking, pinching, slapping, pulling hair or any sexual molestation. When any act constituting physical abuse has been proven, the infliction of pain shall be assumed. b. Emotional abuse which includes, but is not limited to, ridiculing or demeaning an adult who is impaired, making derogatory remarks to an adult who is impaired or cursing directed towards an adult who is impaired, or threatening to inflict physical or emotional harm on an adult who is impaired. (2) “Adult who is impaired” means any person 18 years of age or older who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person’s own care and custody or any person who is a patient or resident of a nursing facility and similar facility. (3) “Child care facility” means any child care facility that is required to be licensed by the Department of Education, Office of Child Care Licensing. (4) “Direct access” means the opportunity to have personal contact with persons receiving care during the course of one’s assigned duties. (5) “Financial exploitation” means the illegal or improper use or abuse by another person, whether for profit or other advantage, of the resources or financial rights of an adult who is impaired. (6) “Health-care service provider” means any person or entity that provides services in a custodial or residential setting where health, nutritional or personal care is provided for persons receiving care, including, but not limited to, hospitals, home health-care agencies, adult care facilities, temporary employment agencies and contractors that place employees or otherwise provide services in custodial or residential settings for persons receiving care, and hospice agencies. “Health-care services provider” does not include any private individual who is seeking to hire a self-employed health caregiver in a private home. (7) “Long-term care facility” means any facility required to be licensed under Chapter 11 of Title 16; the Delaware Psychiatric Center; and hospitals certified by the Department of Health and Social Services under § 5001 of Title 16. (8) “Mistreatment” includes the inappropriate use of medications, isolation, or physical or chemical restraints on or of an adult who is impaired. (9) “Neglect” means: a. Lack of attention to physical needs of the adult who is impaired including, but not limited to, toileting, bathing, meals and safety; b. Failure to report the health problems or changes in health problems or changes in health condition of an adult who is impaired to an immediate supervisor or nurse; c. Failure to carry out a prescribed treatment plan for an adult who is impaired; or d. A knowing failure to provide adequate staffing which results in a medical emergency to any adult who is impaired where there has been documented history of at least 2 prior cited instances of such inadequate staffing levels in violation of staffing levels required by statute or regulations promulgated by the Department of Health and Social Services, all so as to evidence a wilful pattern of such neglect. (10) “Person receiving care” means a person who, because of that person’s physical or mental condition, requires a level of care and services suitable to that person’s needs to contribute to that person’s health, comfort and welfare. (11) “Person seeking employment” means any person applying for employment with or in a health-care service provider, nursing facility or similar facility or child care facility where the employment may afford direct access, or a person applying for licensure to operate a child care facility. It shall also include a self-employed health caregiver who has direct access in any private home. (b) The name of any person found, after investigation by the Department of Health and Social Services, to have committed adult abuse, neglect, mistreatment or financial exploitation shall be entered on the Adult Abuse Registry; provided, however, that such person may request an administrative hearing pursuant to Department of Health and Social Services regulations before such entry becomes final. The hearing officer for the administrative hearing shall have the power to compel the attendance of witnesses and the production of evidence. The finding by the hearing officer shall constitute the final decision of the Department of Health and Social Services and shall be appealable, on the record, by either party to Superior Court. (c) No health-care service provider, nursing home or similar facility, or child care facility shall hire any person seeking employment without first checking the Adult Abuse Registry. For purposes of this subsection, the Adult Abuse Registry shall be the central registry of information maintained pursuant to Chapter 79 of Title 29 relating to the individuals against whom a charge of patient abuse, neglect, mistreatment or financial exploitation has been substantiated. (d) Notwithstanding the provisions of this section, when exigent circumstances exist which require an employer subject to this section to fill a position in order to maintain the required or desired level of service, the employer may hire a person seeking employment on a conditional basis after the employer has requested an Adult Abuse Registry check. Any person hired pursuant to this subsection shall be informed in writing, and shall acknowledge in writing, that the person’s employment is conditional and contingent upon receipt of the Adult Abuse Registry check. (e) Records relating to the Adult Abuse Registry are not public records and are not subject to disclosure under Chapter 100 of Title 29. Regulations promulgated by the Department of Health and Social Services may authorize online access to the names of those actively listed on the Adult Abuse Registry and whether the listing is due to a substantiated finding of abuse, neglect, mistreatment or financial exploitation. (f) The Delaware Department of Health and Social Services shall promulgate regulations to implement this section. Such regulations may include regulations for Adult Abuse Registry checks of contractors providing services in a custodial or residential setting for persons receiving care, regulations for the disclosure of Adult Abuse Registry records, regulations to establish hearing procedures and length of time on the Adult Abuse Registry, and regulations for the removal of a person from the Adult Abuse Registry before the expiration of the person’s registration period where the Delaware Department of Health and Social Services deems that the person no longer poses a threat to any person receiving care. (g) Costs associated with providing an Adult Abuse Registry check shall be borne by the State. (h) Any employer who is required to request and receive an Adult Abuse Registry check and fails to do so shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. The Justice of the Peace Courts shall have jurisdiction over this offense.

Del. Code tit. 11, § 8570 Purpose and intent.

The purpose and intent of this subchapter is to establish the Delaware Firearm Transaction Approval Program that is compliant with the federal Brady Act, P.L. 103-159, 107 Stat. 1536, 18 U.S.C. § 921 et seq., and to make this State a federally-compliant point of contact state in conjunction with the federal National Instant Criminal Background Check System.

Del. Code tit. 11, § 8571 Definitions.

As used in this subchapter: (1) “FBI” means the Federal Bureau of Investigation. (2) “Federal firearms licensee” or “FFL” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives as a manufacturer, importer, or dealer of firearms. (3) “Firearm” means as defined under 18 U.S.C. § 921(a)(3). (4) “Licensed dealer” means as defined under 27 C.F.R. § 478.11. (5) “Licensed importer” means as defined under 27 C.F.R. § 478.11. (6) “Licensed manufacturer” means as defined under 27 C.F.R. § 478.11. (7) “National Crime Information Center” or “NCIC” means the nationwide computerized federal information system of criminal justice data established by the FBI as a service to local, state, and federal criminal justice agencies. (8) “NICS” means the National Instant Criminal Background Check System. (9) “NICS POC” means as point of contact is defined under this section. (10) “NICS POC Guidelines” means the guidelines established and published by the federal government for the operation and implementation of the NICS program by a POC agency. (11) “Point of contact” or “POC” means a state or local law-enforcement agency serving as an intermediary between an FFL and the federal databases checked by NICS. (12) “SBI” means the State Bureau of Identification of the Delaware State Police.

Del. Code tit. 11, § 8572 SBI as point of contact for NICS, entity to conduct required background checks.

(a) (1) The SBI shall serve as the NICS POC for this State. (2) Except as provided by other laws of this State, SBI’s NICS POC operations are governed by and shall strictly adhere to 28 C.F.R. Part 25 and the NICS POC Guidelines. (b) The SBI shall conduct background checks required for the lawful sale, transfer, or delivery of firearms under federal law and the law of this State, including under §§ 1448A and 1448B of this title, that occur within this State. (c) (1) The SBI shall establish a toll-free telephone number that must be operational between the hours of 9:00 a.m. and 9:00 p.m. local time, Monday through Saturday, and 9:00 a.m. and 5:00 p.m. local time, Sunday, to respond to inquiries from FFLs for background checks required under subsection (b) of this section. The SBI may establish another electronic means to respond to inquiries from FFLs for background checks required under subsection (b) of this section in addition to a toll-free telephone number. (2) Notwithstanding paragraph (c)(1) of this section, the telephone number may, but need not be, operational on Thanksgiving Day, Christmas Day, Good Friday, or on Easter Sunday. (3) The SBI shall employ and maintain personnel as necessary to effectively and efficiently administer this subchapter and to otherwise effectively serve as this State’s federal NICS POC. (d) On receipt of a request for a background check required under paragraph (c)(1) of this section, SBI shall do all of the following: (1) Transmit a request for a background check to the Federal Bureau of Investigation, NICS Section, and search other available databases to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law. (2) After receipt of a response from the Federal Bureau of Investigation, NICS Section, and the completion of its search of other available databases, inform the FFL making the inquiry of 1 of the following: a. That the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law. b. That the FFL may proceed with the sale, transfer, or delivery of the firearm may proceed with the process for issuing a license to carry concealed deadly weapons. SBI shall provide the FFL with a unique approval number. (e) If electronic failure or similar emergency beyond the control of the SBI occurs, the SBI shall immediately notify a requesting FFL of the reason for, and estimated length of, the delay. After a notification under this subsection, the SBI shall inform the FFL making the inquiry of 1 of the following no later than the end of the third business day following a request for a background check by the FFL: (1) That the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law. (2) That the FFL may proceed with the sale, transfer, or delivery of the firearm. SBI shall provide the FFL with a unique approval number. (f) The SBI may promulgate regulations necessary to administer and enforce this section.

Del. Code tit. 11, § 8573 Confidentiality of NICS check and POC records.

(a) The SBI is responsible for maintaining the security, integrity, and confidentiality of all information and records pertaining to the Firearm Transaction Approval Program. The SBI may share such information and records with another state or federal law-enforcement agency or the Judicial Information Center in order to carry out its functions under §§ 8572 and 8574 of this title. (b) As this State’s designated NICS POC, the SBI shall strictly adhere to the federal regulations pertaining to the confidentiality and security of NICS information including 28 C.F.R. §§ 25.6, 25.7, 25.8, 25.9, and 25.11. (c) (1) The SBI may promulgate regulations consistent with 28 C.F.R. Part 25 to ensure the security, integrity, and confidentiality of all information and records coming into its custody under the Firearm Transaction Approval Program. (2) Regulations under this section may protect the privacy and confidentiality of this State’s citizens to a greater extent than federal law. (d) Nothing in this subchapter may be construed to allow the State to maintain records containing the names of FFLs who receive unique approval numbers or to maintain records of firearm transactions, including the names or other identification of FFLs and potential buyers or transferees, involving individuals who are not prohibited by § 1448 of this title or federal law from the receipt or possession of firearms for longer than 6 months. However, the SBI may retain whatever information it receives including the identifying information of a potential buyer or transferee if the SBI has reasonable cause to believe the potential buyer or transferee is committing a crime. Nothing in this paragraph may be construed to be a waiver of sovereign immunity. (e) The Superior Court has exclusive jurisdiction over a violation of subsection (d) of this section.

Del. Code tit. 11, § 8574 Procedure and remedies upon denial.

(a) An individual who is denied the right to receive or purchase a firearm under this subchapter may do 1 or more of the following: (1) Request from the SBI a written explanation for the denial. (2) Petition the SBI to amend erroneous information in a record pertaining to the individual. (b) SBI shall respond to a request for a written explanation for the denial under paragraph (a)(1) of this section within 30 days of receipt of the request. (c) On receipt of a petition under paragraph (a)(2) of this section, the SBI shall do all of the following: (1) Perform a thorough review of the records that prompted the denial. (2) Render, within 30 days of receipt of the petition, a final decision regarding the denial. If exceptional circumstances exist, SBI may extend the deadline to file a final decision for an additional 30 days with notice to the petitioner providing the exceptional circumstances. (d) If the SBI reverses its denial, the SBI shall immediately do all of the following: (1) Request that an entity that provided it with information that prompted its denial amend its records to reflect accurate information. (2) Amend its records to reflect accurate information. (3) Destroy records it maintains which contain erroneous information derived from a background check conducted under this subchapter. (e) If the SBI upholds it denial, the individual may appeal the decision to the Superior Court on the record. (f) (1) If the SBI fails to issue a decision on a petition under paragraph (a)(2) of this section within the time requirements in paragraph (c)(2) of this section, the individual may petition the Superior Court for a writ of mandamus to compel the issuance of the decision. (2) If the SBI fails to amend its records to reflect accurate information under subsection (d) of this section, the individual may petition the Superior Court for a writ of mandamus to require the SBI to correct its records. (3) If the Superior Court determines that the SBI wilfully refused to issue its decision or amend the record, the Court may award the petitioner costs and reasonable attorneys’ fees.

Del. Code tit. 11, § 8580 Definitions.

The following words, terms, and phrases when used in this subchapter have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “ACIM Alert Program” or “ACIM” means “A Child is Missing Alert Program”. The ACIM Alert Program is a national rapid-response communication network that offers free assistance to law-enforcement agencies to aid in the recovery, identity, or apprehension of missing persons through the use of immediate public notification and dissemination of information via telephone in a targeted community. (2) “Gold Alert Program” or “Program” means the procedures used to aid in the identification and location of a missing person as defined under paragraphs (4), (5), (6), and (7) of this section. Gold Alerts may be local, regional, or statewide. The initial decision to issue a local Gold Alert is at the discretion of the investigating law-enforcement agency. (3) “Investigating law-enforcement agency” means the law-enforcement agency which has primary jurisdiction in the area in which a missing person complaint has been filed. (4) “Missing person with a disability” means a person who is all of the following: a. Whose whereabouts are unknown. b. Whose domicile at the time that the person is reported missing is Delaware. c. Who has a disability. d. Whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement agency. (5) “Missing senior citizen” means a person who is all of the following: a. Whose whereabouts are unknown. b. Whose domicile at the time that the person is reported is missing is Delaware. c. Whose age at the time that the person is first reported missing is 60 years of age or older. d. Whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement agency. (6) “Missing suicidal person” means a person who is all of the following: a. Whose whereabouts are unknown. b. Whose domicile at the time that the person is reported missing is Delaware. c. Whose disappearance is voluntary. d. Whose statement, actions, or conduct indicate that the missing person may voluntarily cause or inflict harm on themselves, and whose disappearance poses a credible threat to the health or safety of the person, as determined by the investigating law-enforcement agency. (7) “Missing child” means a person who is all of the following: a. Whose whereabouts are unknown. b. Whose domicile at the time that the person is reported missing is Delaware. c. Who is a minor who has not married, and who resides with a parent or other legal guardian. d. Whose disappearance does not meet the criteria for an Amber Alert but does pose a credible threat to the health and safety of the person, as determined by the investigating law-enforcement agency.

Del. Code tit. 11, § 8580A Definitions.

As used in this subchapter: (1) “ACIM Alert Program” or “ACIM” means “A Child is Missing Alert Program,” a national rapid-response communication network that offers free assistance to law-enforcement agencies to aid in the recovery, identity, or apprehension of missing persons through the use of immediate public notification and dissemination of information via telephone in a targeted community. (2) “Gold Alert Program” means as defined in § 8580 of this title. (3) “Green Alert Program” or “Green Alert” means the procedures used to aid in the identification of a missing member of the armed forces. (4) “Investigating law-enforcement agency” means the law-enforcement agency that has primary jurisdiction in the area in which a complaint regarding a missing member of the armed forces is filed. (5) “Missing member of the armed forces” means an individual who meets all of the following: a. The individual’s location is unknown. b. The individual’s domicile is in this State at the time the individual is reported missing. c. The individual is a veteran or is an active duty member of the United States Armed Forces, including the National Guard or the reserves. d. The individual is known to have a physical or mental health condition that is related to the individual’s service as an active duty member of the United States Armed Forces, including the National Guard or reserves. e. The individual’s disappearance poses a credible threat to the health or safety of the individual, as determined by the investigating law-enforcement agency. (6) “Veteran” means an individual who has served in the United States Armed Forces, including the National Guard or the reserves.

Del. Code tit. 11, § 8581 Establishment of the Delaware Gold Alert Program.

(a) Each investigating law-enforcement agency shall implement an alert program, consistent with the ACIM Alert Program, for missing senior citizens, missing suicidal persons, missing persons with disabilities, and missing children, and may promulgate necessary rules and regulations for the program. The rules and regulations shall include the following: (1) Procedures for the use of the Delaware Information Analysis Center (DIAC) to provide support to the investigating law-enforcement agency as a resource for the receipt, analysis, and dissemination of information regarding the missing person and the missing person’s whereabouts. (2) Procedures for the investigating law-enforcement agency to use to verify whether a senior citizen, a suicidal person, a person with a disability, or a missing child is missing and the circumstances under which the agency must enter descriptive information of the missing person into the Delaware Criminal Justice Information System (DELJIS) and the National Crime Information Center (NCIC) system. The investigating law-enforcement agency shall further notify DIAC, who shall make all the necessary notifications and assist the investigating law-enforcement agency. (3) The process for reporting the information to designated media outlets in Delaware. (b) The Delaware State Police shall adopt rules and regulations for the use of DIAC to assist investigating law-enforcement agencies during their investigations as a resource for the receipt, analysis, and dissemination of information to those agencies that have a need and right to know about the missing person.

Del. Code tit. 11, § 8581A Establishment of the Delaware Green Alert Program.

(a) Each law-enforcement agency shall implement a Green Alert Program, consistent with the ACIM Alert Program and the Gold Alert Program, for missing members of the armed forces. (b) Each law-enforcement agency may promulgate necessary rules and regulations to implement the Green Alert Program. The rules and regulations must include the following: (1) Procedures for the use of the Delaware Information Analysis Center to provide support to the investigating law-enforcement agency as a resource for the receipt, analysis, and dissemination of information regarding a missing member of the armed forces and the whereabouts of the missing member of the armed forces. (2) Procedures for the investigating law-enforcement agency to use to verify whether a missing member of the armed forces is missing and the circumstances under which the agency must enter descriptive information of the missing member of the armed forces into the Delaware Criminal Justice Information System and the National Crime Information Center system. (3) The process for reporting the information to designated media outlets for this State. (c) The Delaware State Police shall adopt rules and regulations for the use of the Delaware Information and Analysis Center to assist investigating law-enforcement agencies during their investigations as a resource for the receipt, analysis, and dissemination of information to those agencies that have a need and right to know about a missing member of the armed forces. (d) The Department of Transportation shall adopt rules and regulations for the display on its variable message signs of appropriate information that may assist in the safe return of a missing member of the armed forces, consistent with the Manual on Uniform Traffic Control Devices and federal requirements.

Del. Code tit. 11, § 8582 Activation of the Gold Alert Program.

(a) When a law-enforcement agency receives notice that a senior citizen, a suicidal person, a person with a disability, or a missing child is missing, the agency shall solicit information from the missing person’s family or legal guardian to provide information regarding the missing person’s physical or mental condition, or both. When the investigating law-enforcement agency verifies that the person is missing, the investigating law-enforcement agency shall enter the descriptive information of the missing person into DELJIS and the NCIC system. The investigating law-enforcement agency shall further notify DIAC, who shall make all the necessary notifications and assist the investigating law-enforcement agency. (b) When an investigating law-enforcement agency has verified that a senior citizen, a suicidal person, a person with a disability, or a missing child is missing, the investigating law-enforcement agency shall send an alert to designated media outlets in Delaware. The alert must include all appropriate information that may assist in the safe return of the missing senior citizen, suicidal person, person with a disability, or a missing child along with a statement instructing anyone with information relating to the missing person to contact the investigating law-enforcement agency or a law-enforcement agency within their jurisdiction. Additionally, when an investigating law-enforcement agency has verified that a senior citizen, a suicidal person, a person with a disability, or a missing child is missing, the investigating law-enforcement agency shall contact the Department of Transportation. The Department of Transportation shall adopt rules and regulations for the display on its variable message signs of appropriate information that may assist in the safe return of the missing senior citizen, suicidal person, person with a disability, or a missing child consistent with the Manual on Uniform Traffic Control Devices and federal requirements.

Del. Code tit. 11, § 8582A Activation of the Green Alert Program.

(a) (1) If an investigating law-enforcement agency receives notice that an individual is a missing member of the armed forces, the agency shall solicit information from the family or legal guardian of the missing member of the armed forces to provide information regarding the physical or mental condition of the missing member of the armed forces. (2) If the investigating law-enforcement agency verifies that the individual is a missing member of the armed forces, the investigating law-enforcement agency shall enter the descriptive information of the missing member of the armed forces into the Delaware Criminal Justice Information System and the National Crime Information Center system. (3) The investigating law-enforcement agency shall notify the Delaware Information Analysis Center that of the missing member of the armed forces. The Delaware Information Analysis Center shall make all the necessary notifications and assist the investigating law-enforcement agency. (b) (1) If an investigating law-enforcement agency verifies that an individual is a missing member of the armed forces, the investigating law-enforcement agency shall send an alert to designated media outlets for this State. (2) The alert must include all appropriate information that may assist in the safe return of the missing member of the armed forces, along with a statement instructing anyone with information relating to the missing member of the armed forces to contact the investigating law-enforcement agency or another law-enforcement agency. (3) If an investigating law-enforcement agency verifies that an individual is a missing member of the armed forces, the investigating law-enforcement agency shall contact the Department of Transportation. The Department of Transportation shall display on its variable message signs appropriate information that may assist in the safe return of the missing member of the armed forces.

Del. Code tit. 11, § 8583 Cancellation of a Gold Alert.

(a) The investigating law-enforcement agency shall notify the designated media outlets when a Gold Alert has been cancelled. (b) A law-enforcement agency that locates a missing person who is the subject of a Gold Alert shall notify DELJIS, NCIC, and DIAC as soon as possible that the missing person has been located. A law-enforcement agency must remove any notifications concerning the missing person from all law-enforcement media platforms, including social media platforms, and law-enforcement websites within 72 hours of being advised that the missing person has been located. Once the data is electronically removed the law-enforcement agency must follow retention and disposition requirements under Chapter 5 of Title 29.

Del. Code tit. 11, § 8583A Cancellation of a Green Alert.

(a) The investigating law-enforcement agency shall notify the designated media outlets when a Green Alert has been cancelled. (b) A law-enforcement agency that locates a missing member of the armed forces who is the subject of a Green Alert shall notify Delaware Criminal Justice Information System, the National Crime Information Center, and the Delaware Information and Analysis Center as soon as possible that the missing member of the armed forces has been located.

Del. Code tit. 11, § 8584 Definitions.

(a) “ACIM Alert Program” means the “A Child Is Missing Alert Program,” a national rapid-response communication network that offers free assistance to law-enforcement agencies to aid in the recovery, identity, or apprehension of missing persons through the use of immediate public notification and dissemination of information via telephone in a targeted community. (b) “Gold Alert Program” means the program established in subchapter VII of this chapter to aid in the identification and location of certain missing persons. (c) “Investigating law-enforcement agency” means the law-enforcement agency that has primary jurisdiction over the area in which a law-enforcement officer has been injured or killed. (d) “Law-enforcement agency” means a government agency or any subunit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. For the purposes of this subchapter, such agencies shall include, but are not limited to, the following: (1) The Delaware State Police; (2) All law-enforcement agencies and police departments of any political subdivision of this State; (3) The Department of Correction; and (4) The Department of Justice. (e) “Law-enforcement officer” includes police officers, the Attorney General and the Attorney General’s deputies, sheriffs and their regular deputies, agents of the State Division of Alcohol and Tobacco Enforcement, correctional officers, state fire marshals, municipal fire marshals that are graduates of a Delaware Police Academy which is accredited/authorized by the Police Officer Standards and Training Commission, sworn members of the City of Wilmington Fire Department who have graduated from a Delaware Police Academy which is authorized/accredited by the Police Officer Standards and Training Commission, environmental protection officers, enforcement agents of the Department of Natural Resources and Environmental Control, and constables. For purposes of this subchapter, “law-enforcement officer” also includes an employee of a federal governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and who has statutory powers of arrest. For purposes of this subchapter, sheriffs and their regular deputies shall not have any arrest authority.

Del. Code tit. 11, § 8585 Establishment of the Delaware Blue Alert Program.

Each investigating law-enforcement agency shall implement an alert program, consistent with the ACIM Alert Program and the Gold Alert Program, for the apprehension of persons suspected of killing or seriously injuring law-enforcement officers, and may promulgate necessary rules and regulations for implementing the program. The rules and regulations shall include the following: (1) Procedures for the use of the Delaware Information Analysis Center to provide support to the investigating law-enforcement agency as a resource for the receipt, analysis, and dissemination of information regarding the suspect and the suspect’s whereabouts and/or method of escape; (2) The process for reporting the information to designated media outlets in Delaware; and (3) Procedures for the investigating law-enforcement agency to determine quickly whether an officer has been “seriously injured or killed” and a Blue Alert therefore needs to be activated.

Del. Code tit. 11, § 8586 Activation of the Blue Alert Program.

(a) The Blue Alert Program shall be activated when a suspect for a crime involving the death or serious injury of a law-enforcement officer has not been apprehended and may be a serious threat to the public. Upon notification by an investigating law-enforcement agency that a suspect in a case involving the death or serious injury of a peace officer has not been apprehended and may be a serious threat to the public, the investigating law-enforcement agency shall activate the Blue Alert system and shall notify appropriate participants in the Blue Alert system, as established by regulations promulgated pursuant to this subchapter, when the investigating law-enforcement agency believes that: (1) A suspect has not been apprehended; (2) A suspect may be a serious threat to the public; and (3) Sufficient information is available to disseminate to the public that could assist in locating and apprehending the suspect. (b) When a Blue Alert is activated pursuant to subsection (a) of this section, the investigating law-enforcement agency shall provide the descriptive information to the Delaware Criminal Justice Information System and the National Crime Information Center system. The investigating law-enforcement agency shall also notify the Delaware Information Analysis Center, which shall make all necessary notifications and provide appropriate assistance to the investigating law-enforcement agency. (c) When an investigating law-enforcement agency receives notice that a law-enforcement officer has been seriously injured or killed, the agency shall send an alert to designated media outlets in Delaware. The alert must include all appropriate information that may assist in the speedy apprehension of the suspect, including a statement instructing any person with information relating to the incident causing the serious injury or death of the law-enforcement officer to contact the investigating law-enforcement agency. (d) The investigating law-enforcement agency shall assess the appropriate boundaries of the Blue Alert based on the nature of the suspect and the circumstances surrounding the crime. The Blue Alert area may be less than statewide if the investigating law-enforcement agency determines that the nature of the event makes it probable that the suspect did not leave a designated geographic location.

Del. Code tit. 11, § 8587 Termination of a Blue Alert.

(a) The investigating law-enforcement agency shall terminate the Blue Alert with respect to a particular suspect when the suspect is located or the incident is otherwise resolved, or when the investigating law-enforcement agency determines that the Blue Alert system is no longer an effective tool for locating and apprehending the suspect. (b) The investigating law-enforcement agency shall notify other law-enforcement agencies, Delaware Criminal Justice Information System, National Crime Information Center, the Delaware Information Analysis Center, and other appropriate participants in the Blue Alert system, when a Blue Alert for a particular suspect has been terminated. The investigating law-enforcement agency shall also notify the designated media outlets when a Blue Alert for a particular suspect has been terminated.

Del. Code tit. 11, § 8593 Definitions.

For purposes of this subchapter: (1) “Applicant” shall mean a prospective driving privilege card holder. (2) “Driving privilege card” shall mean a card issued pursuant to § 2711(d) of Title 21, to undocumented immigrants who are not eligible for a Delaware driver’s license.

Del. Code tit. 11, § 8594 Authority of the State Bureau of Identification.

This subchapter is intended for use by an applicant for a driving privilege card who may or may not have sufficient identification or documentation to prove his or her identity, pursuant to the procedures established in § 8595 of this title. The State Bureau of Identification, hereinafter referred to as “Bureau,” shall facilitate the criminal background check of applicants. The Bureau is hereby authorized to promulgate such reasonable forms, fees, and regulations as may be necessary or desirable to effectuate the provisions of this subchapter.

Del. Code tit. 11, § 8595 Application process.

(a) The applicant shall appear at the Bureau during regular hours of business, and shall inform the Bureau of the applicant’s desire to avail oneself of the procedure set forth in this section. (1) The applicant shall produce identification documentation. Acceptable documentation shall include the following, with other documentation to be evaluated on a case-by-case basis: a. A birth certificate; b. A foreign passport; c. A foreign driver’s license; or d. School Identification that includes a photograph. (2) The applicant will sign an affidavit attesting to the applicant’s identity. The affidavit will inform the applicant that if any of the information provided is proven to be false the applicant could be prosecuted under § 907 of this title. (3) The applicant shall be required to submit fingerprints and other necessary information in order for the Bureau to run a search of Delaware state criminal databases. This search shall include a review of the applicant’s Delaware criminal history record to determine if the applicant has an alias linked to fingerprints on file at the Bureau. (4) If the review pursuant to paragraph (a)(3) of this section identifies a conflict between the name the applicant provided and an alias on file with the State, or the applicant has an outstanding warrant for criminal charges in Delaware, the applicant’s fingerprints and other necessary information will be sent by the Bureau to the Federal Bureau of Investigation for a national background check. This national background check shall be comprised of a report of the applicant’s entire federal criminal history record, pursuant to the Federal Bureau of Investigation appropriation of Title 42 of Public Law 92-544 (28 C.F.R. § 20.33 (a)(3)).The Bureau shall be the recipients of said federal criminal history records. All costs associated with obtaining the criminal history reports required by this paragraph shall be borne by the applicant. The applicant must resolve the conflict prior to becoming eligible to obtain a driving privilege card. (5) Fees for the criminal history background check shall be paid by the applicant prior to the commencement of the background check. (b) The Bureau shall maintain a record of all background checks under this section to the same extent as is required by law. (c) The Bureau will make the result known to the Division of Motor Vehicles once the applicant has successfully completed the background check. The Bureau will coordinate with the Division of Motor Vehicles to develop a procedure to ensure the applicant who successful completes this subchapter’s procedures is the same individual who applies for a driving privilege card.

Del. Code tit. 11, § 8596 Enactment.

The National Crime Prevention and Privacy Compact Act of 1998 is hereby enacted and entered into with all other jurisdictions legally joining therein in the form substantially as follows. The Compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment. Under this Compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and to party states for authorized purposes. The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system.

Del. Code tit. 11, § 8597 Definitions.

The following definitions shall apply for the purposes of this section only: (1) “Attorney General” shall mean the Attorney General of the United States. (2) “Compact officer” shall mean: a. With respect to the federal government, an official so designated by the Director of the FBI; and b. With respect to Delaware, the Director of the State Bureau of Identification or the Director’s designee. (3) “Council” shall mean the Compact Council established under § 8599C of this title. (4) “Criminal history records” shall mean: a. Information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and b. But does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system. (5) “Criminal history repository” shall mean the Delaware State Bureau of Identification. (6) “Criminal justice” shall mean: a. Activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders; and b. Criminal identification activities and the collection, storage and dissemination of criminal history records. (7) “Criminal justice agency” shall mean: a. Courts; and b. A governmental agency or any subunit thereof that: 1. Performs the administration of criminal justice pursuant to a statute or executive order; and 2. Allocates a substantial part of its annual budget to the administration of criminal justice; and c. Federal and state inspectors general offices. (8) “Criminal justice services” shall mean services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes. (9) “Criterion offense” shall mean any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI. (10) “Direct access” shall mean access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency. (11) “Executive order” shall mean an order of the President of the United States or the Governor of the State of Delaware that has the force of law and that is promulgated in accordance with applicable law. (12) “FBI” shall mean the Federal Bureau of Investigation. (13) “Interstate Identification System” or “III System” shall mean: a. The cooperative federal-state system for the exchange of criminal history records; and b. The National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI. (14) “National Fingerprint File” shall mean a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System. (15) “National Identification Index” shall mean an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System. (16) “National indices” shall mean the National Identification Index and the National Fingerprint File. (17) “Nonparty State” shall mean a state that has not ratified this Compact. (18) “Noncriminal justice purposes” shall mean uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances. (19) “Party state” shall mean a state that has ratified this Compact. (20) “Positive identification” shall mean: a. A determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System; b. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification. (21) “Sealed record information” shall mean: a. With respect to adults, that portion of a record that is: 1. Not available for criminal justice uses; 2. Not supported by fingerprints or other accepted means of positive identification; or 3. Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and b. With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure. (22) “State” shall mean any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Del. Code tit. 11, § 8598 Purposes.

The purposes of this Compact are to: (1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses; (2) Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under § 8599C of this title; (3) Require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under § 8599C of this title; (4) Provide for the establishment of a Council to monitor III System operations and to prescribe the system rules and procedures for the effective and proper operations of the III System for noncriminal justice purposes; and (5) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.

Del. Code tit. 11, § 8599 Responsibilities of compact parties.

(a) FBI responsibilities. — The Director of the FBI shall: (1) Appoint an FBI compact officer who shall: a. Administer this Compact within the Department of Justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to § 8599B(c) of this title; b. Ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under § 8599C of this title are complied with by the Department of Justice and the federal agencies and other agencies and organizations referred to in paragraph (a)(1)a. of this section; and c. Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies; (2) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in § 8599A of this title, including: a. Information from nonparty states; and b. Information from party states that is available from the FBI through the III System but is not available from the party state through the III System; (3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in § 8599A of this title and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and (4) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in § 8599B of this title. (b) State responsibilities. — Each party state shall: (1) Appoint a compact officer who shall: a. Administer this Compact within that state; b. Ensure that Compact provisions and rules, procedures, and standards established by the Council under § 8599C of this title are complied with in the state; and c. Regulate the in-state use of records received by means of the III system from the FBI or from other party states; (2) Establish and maintain a criminal history record repository, which shall provide: a. Information and records for the National Identification Index and the National Fingerprint File; and b. The state’s III System-indexed criminal history records for noncriminal justice purposes described in § 8599A of this title; (3) Participate in the National Fingerprint File; and (4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact. (c) Compliance with III System standards. — In carrying out their responsibilities under this Compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation. (d) Maintenance of record services. — (1) Use of the III system for noncriminal justice purposes authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes. (2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.

Del. Code tit. 11, § 8599A Authorized record disclosures.

(a) State criminal history record repositories. — To the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974”), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General and that authorizes national indices checks. (b) Criminal justice agencies and other governmental or nongovernmental agencies. — The FBI, to the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974”), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General that authorizes national indices checks. (c) Procedures. — Any record obtained under this Compact may be used only for the official purposes for which the records was requested. Each compact officer shall establish procedures consistent with this Compact and with rules, procedures, and standards established by the Council under § 8599C of this title, which procedures shall protect the accuracy and privacy of the records, and shall: (1) Ensure that records obtained under this Compact are used only by authorized officials for authorized purposes; (2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and (3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.

Del. Code tit. 11, § 8599B Record request procedures.

(a) Positive identification. — Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes. (b) Submission of state requests. — Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state’s criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI. (c) Submission of federal requests. — Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes. (d) Fees. — A state criminal history record repository or the FBI: (1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and (2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints. (e) Additional search. — (1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices. (2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (e)(1) of this section, the FBI positively identifies the subject as having a III System-indexed record or records: a. The FBI shall so advise the state criminal history record repository; and b. The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.

Del. Code tit. 11, § 8599C Establishment of Compact Council

(a) Establishment. — (1) In general. — There is established a council to be known as the “Compact Council,” which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes not to conflict with FBI administration of the III System for criminal justice purposes. (2) Organization. — The Council shall: a. Continue in existence as long as this Compact remains in effect; b. Be located, for administrative purposes, within the FBI; and c. Be organized and hold its first meeting as soon as practicable after the effective date of this Compact. (b) Membership. — The Council shall be composed of 15 members, each of whom shall be appointed by the Attorney General, as follows: (1) Nine members, each of whom shall serve a 2-year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis. (2) Two at-large members, nominated by the Director of the FBI, each of whom shall serve a 3-year term, of whom: a. One shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and b. One shall be a representative of the noncriminal justice agencies of the federal government. (3) Two at-large members, nominated by the Chairman of the Council, once the Chairman is elected pursuant to subsection (c) of this section, each of whom shall serve a 3-year term, of whom: a. One shall be a representative of state or local criminal justice agencies; and b. One shall be a representative of state or local noncriminal justice agencies. (4) One member, who shall serve a 3-year term and who shall simultaneously be a member of the FBI’s advisory policy board on criminal justice information services, nominated by the membership of that policy board. (5) One member, nominated by the Director of the FBI, who shall serve a 3-year term and who shall be an employee of the FBI. (c) Chairman and Vice Chairman. — (1) In general. — From its membership, the Council shall elect a Chairman and a Vice Chairman of the Council, respectively. Both the Chairman and Vice Chairman of the Council: a. Shall be a compact officer, unless there is no compact officer on the Council who is willing to serve, in which case the Chairman may be an at-large member; and b. Shall serve a 2-year term and may be reelected to only 1 additional 2-year term. (2) Duties of Vice Chairman. — The Vice Chairman of the Council shall serve as the Chairman of the Council in the absence of the Chairman. (d) Meetings. — (1) In general. — The Council shall meet at least once each year at the call of the Chairman. Each meeting of the Council shall be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at such meeting. (2) Quorum. — A majority of the Council or any committee of the Council shall constitute a quorum of the Council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote. (e) Rules, procedures and standards. — The Council shall make available for public inspection and copying at the Council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council. (f) Assistance from FBI. — The Council may request from the FBI such reports, studies, statistics, or other information or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request. (g) Committees. — The Chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.

Del. Code tit. 11, § 8599D Ratification of Compact

This Compact shall take effect upon being entered into by 2 or more states as between those states and the federal government. Upon subsequent entry into this Compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.

Del. Code tit. 11, § 8599E Miscellaneous provisions.

(a) Relation of Compact to certain FBI activities. — Administration of this Compact shall not interfere with the management and control of the Director of the FBI over the FBI’s collection and dissemination of criminal history records and the advisory function of the FBI’s advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice. (b) No authority for nonappropriated expenditures. — Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI. (c) Relating to Public Law 92-544. — Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under § 8599C(a) of this title, regarding the use and dissemination of criminal history records and information.

Del. Code tit. 11, § 8599F Renunciation.

(a) In general. — This Compact shall bind each party state until renounced by the party state. (b) Effect. — Any renunciation of this Compact by a party state shall: (1) Be effected in the same manner by which the party state ratified this Compact; and (2) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.

Del. Code tit. 11, § 8599G Severability.

The provisions of this Compact shall be severable, and, if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state or to the Constitution of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any party state, all other portions of this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all other provisions.

Del. Code tit. 11, § 8599H Adjudication of disputes.

(a) In general. — The Council shall: (1) Have initial authority to make determinations with respect to any dispute regarding: a. Interpretation of this Compact; b. Any rule or standard established by the Council pursuant to § 8599B of this title; and c. Any dispute or controversy between any parties to this Compact; and (2) Hold a hearing concerning any dispute described in paragraph (a)(1) of this section at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of § 8599C(e) of this title. (b) Duties of FBI. — The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses until the Council holds a hearing on such matters. (c) Right of appeal. — The FBI or a party state may appeal any decision of the Council to the Attorney General and thereafter may file suit in the appropriate District Court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a state court shall be removed to the appropriate District Court of the United States in the manner provided by 28 U.S.C. § 1446, or other statutory authority.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c085/sc01/index.htmlFetched: 10/4/2026

Starting a business in Delaware? Delaware LLC guide: costs and requirements