Delaware General Assembly

Signed 5/17/07

The General Assembly has ended, the current status is the final status.

3/28/07

Blevins

Reps. Spence, Schwartzkopf

Sen. Ennis, Cook, Copeland, Marshall, McBride, Peterson, F Simpson
Reps. Hudson, Keeley, Kowalko, Lavelle, Longhurst, Maier, McWilliams, Mitchell, Mulrooney, Schooley, D. Short, Stone, Brady, Cathcart, Hall-Long, J. Johnson, Valihura, Walls, D.P. Williams

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REGISTRATION OF SEX OFFENDERS AND COMMUNITY NOTIFICATION OF SEX OFFENDERS ON PROBATION, PAROLE, CONDITIONAL RELEASE OR RELEASE FROM CONFINEMENT.

This bill amends the existing Megan’s Laws in order to conform to recent federal legislative changes required under the “Adam Walsh Act.” Specifically, registered sex offenders will be required to verify additional information, in person to the Delaware State Police. High risk offenders must appear in person every 90 days, moderate risk offenders every 6 months, and low risk offenders annually. The additional information includes Social Security numbers, name changes, vehicle description and registration, additional residences, additional workplaces, and additional places of study. Sex offenders will be photographed every time they register, re-register, and appear to verify information. Offenders will have 3 business days to report any changes of information to the State Police. The amended legislation clarifies that a failure to verify information on the date on which the verification is required constitutes a criminal offense. Community notification procedures exempt the release of certain information and shall include a warning that civil or criminal liability may attach if information is used for an unlawful purpose. The time span for offenders extends to 25 years for moderate risk offenders and 15 years for low risk offenders. Other changes are intended to reflect practical concerns based upon Delaware Supreme Court interpretations of the statutes. Outdated hearing and timing requirements are eliminated based upon the compulsory nature of Delaware’s Megan’s Laws. These amended laws are also applicable to all persons who, after June 27, 1994, have been declared a sex offender or as otherwise defined at existing §4121(a)(4) of Title 11, Delaware Code. Author: Senator Blevins

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