Section 1. Amend § 4120(d)(2), Title 11, Delaware Code,
by striking it in its entirety and substituting in lieu thereof:
“(2)
The registration forms shall include, but are not limited to, the following
information: the sex offender's legal name, any previously used names, aliases
or nicknames, Social Security number, and the age, gender, race and physical
description of the sex offender. The registration form shall also include all
other known identifying factors, the offense history and the sex offender's
current residences or anticipated place of future residences, places of study
and/or places of employment, and the registration plate numbers and
descriptions of any vehicles owned or operated by the offender. The forms shall
also include a statement of any relevant conditions of release, discharge,
parole or probation applicable to the sex offender. Additionally, the form
shall identify the age of the victim(s) of the offense(s) and describe the
victim's relationship to the offender. The form shall also indicate on its face
that false statements therein are punishable by law. A photograph of the
offender taken at the time of registration shall be appended to the
registration form.”
Section 2. Amend § 4120(e), Title 11, Delaware Code, by
striking the number “7” wherever it is found in that subsection and by substituting
in lieu thereof the number “three (3)” at each location.
Section 3. Amend § 4120(f)(1), Title 11, Delaware Code,
by adding the phrase “his name,” immediately after the phrase “this section who
thereafter changes” and further by striking the phrase “the offender’s own” as
found in that paragraph..
Section 4.
Amend § 4120(f)(1), Title 11, Delaware Code, by adding the phrase “by
appearing in person” immediately after the phrase “with the Delaware State
Police” as it appears in the first sentence of that paragraph.
Section
5. Amend § 4120(f)(1), Title 11,
Delaware Code, by striking the number “7” as found therein and by substituting
in lieu thereof the number “3”.
Section 6. Amend § 4120(f)(6), Title 11, Delaware Code,
by striking the number “7”as found therein and by substituting in lieu thereof the
number “3”.
Section 7. Amend § 4120(g), Title 11, Delaware Code, by
striking that subsection in its entirety, and by substituting in lieu thereof,
a new subsection (g) to read as follows:
“(g) Any person required to
register as a sex offender pursuant to this section shall be required
periodically to verify that he or she continues to reside at the address
provided at the time of registration.
The frequency of periodic address verification shall be:
(1)
Every 90 days for life following the date of completion
of the initial registration form if the person is designated to Risk Assessment
Tier III pursuant to § 4121 of this title.
A Tier III offender shall appear in person at locations designated by
the Superintendent of the Delaware State Police to verify all registry
information every 90 days for life; or
(2)
Every 6 months
after the completion of the initial registration form, if the person is
designated to Risk Assessment Tier II pursuant to § 4121 of this title. A Tier II offender shall appear in person at
locations designated by the Superintendent of the Delaware State Police to
verify all registry information every 6 months unless relieved of registration
obligations.”
(3)
Every year after
the completion of the initial registration form, if the person is designated to
Risk Assessment Tier I pursuant to § 4121 of this title. A tier I offender shall appear in person at
locations designated by the Superintendent of the Delaware State Police to
verify all registry information every 12 months unless relived of registration
obligations.”
Section 8. Amend § 4120(k), Title 11, Delaware Code, by
striking subsection (k) in its entirety and substituting in lieu thereof the
following:
“(k) A warrant shall issue for any sex offender who knowingly or
recklessly fails to register or re-register or provide verification on the date
on which it is required pursuant to this section or §4121 or to otherwise
comply with any of the provisions of this section or §4121, and any sex
offender doing so shall be guilty of a class G felony.”
Section 9. Amend § 4121(a)(1), Title 11, Delaware Code, and
by inserting the phrase “any other organization, company or individual upon
request,” immediately after the phrase “schools, licensed day care facilities,
public libraries,”.
Section 10. Amend § 4121(a)(2), Title 11, Delaware Code
by inserting the phrase “who enter a plea of guilty, or are” immediately after
the phrase “adjudications of delinquency and persons”.
Section 11. Amend § 4121(a)(3),
Title 11, Delaware Code by making plural the word “address” as it appears
immediately after the phrase “include the last verified” in the second
sentence.
Section
12. Amend § 4121(a)(3), Title 11,
Delaware Code, by inserting the following new sentences, “Exempt from the
records are the identity of the victims, the Social Security number of the
offender, and arrests that did not result in conviction. The public access records shall include a
warning that information should not be used to unlawfully injure, harass, or
commit a crime against any individual named in the registry or residing or
working at any reported address. The
warning shall note that any such action could result in civil or criminal
penalties.”, immediately following the phrase “designated for public access by
the Superintendent of the Delaware
State Police.”.
Section 13. Amend § 4121(b), Title 11, Delaware Code by
deleting subsection (b) in its entirety and substituting in lieu thereof:
“(b) Upon a person's conviction or adjudication of
delinquency or at the time of sentencing for any offense set forth in
subparagraphs (a)(4)a., b., d., e., f., or g. of this section, the court shall
inform the person that he or she shall be designated as a sex offender and that
a Risk Assessment Tier will be assigned to him or her by the court.”
Section 14. Amend § 4121, Title 11, Delaware Code by
deleting subsections (c) and (d) in their entirety.
Section 15. Amend § 4121, Title 11, Delaware Code by adding
a new subsection (c) to read as follows:
“(c) Following
the sentencing of a person convicted or adjudicated delinquent for any offense
described in subparagraph (a)(4) e. of this section, or following a finding by
the sentencing court that the person has violated the terms of his or her
probation or parole as set forth in subparagraph (a)(4)f. of this section, the
sentencing court shall assign the defendant to the Risk Assessment Tier
applicable for the originally charged offense.”
Section 16. Amend § 4121(e), Title 11, Delaware Code by
redesignating it § 4121(d).
Section 17. Amend the newly redesignated § 4121(d)(1)e.,
Title 11, Delaware Code by striking the word “fourteenth” as found therein and by
substituting in lieu thereof the word “sixteenth.”
Section 18. Amend the newly redesignated § 4121(d)(6)a.,
Title 11, Delaware Code by striking the number “12” as found therein, and
substituting in lieu thereof the word “sixteen”.
Section 19. Amend the newly designated § 4121(d)(6)c.,
Title 11, Delaware Code by striking it in its entirety and substituting in lieu
thereof:
“c. The
sentencing court determines by a preponderance of the evidence that such person
is not likely to pose a threat to public safety if released from the
obligations imposed by this section, and by § 4120 of this title.
Notwithstanding anything in this paragraph to
the contrary, no person shall be afforded relief from designation as a sex
offender if the victim or victims of any of the offenses for which person was
convicted were less than 12 years old at the
time of the crime. If the victim was
older than 12 years, and the offender was less
than 18 years old at the time of the crime the prohibition shall not apply. Any
person seeking relief from designation as a sex offender under this paragraph
shall file a petition with the sentencing court prior to sentencing requesting
such relief. The petition shall be granted or denied by the sentencing court
after it weighs all relevant evidence which bears upon the particular facts and
circumstances of the offense, and the character and propensities of the offender.”
Section 20. Amend the newly redesignated § 4121(d)(7),
Title 11, Delaware Code by striking the phrase “promptly after conviction and”
as it appears immediately following “subsection shall be filed by the State”.
Section 21. Amend § 4121(f), Title 11, Delaware Code by
redesignating it as § 4121(e).
Section 22. Amend newly
redesignated § 4121(e)(1)(b), Title 11, Delaware Code by striking the number
“15” wherever it is found in this subparagraph and by substituting in lieu
thereof the number “25” at each location.
Section 23. Amend the newly designated § 4121(e)(1),
Title 11, Delaware Code by inserting as a new subparagraph c. the following:
“c. For 15 years following the sex
offender’s release from Level V custody, or for 15 years following the effective
date of any sentence to be served at Level IV or below, if the person is
designated to Risk Assessment Tier I, and is not otherwise required to register
for life pursuant to this subsection, except that any time spent at any
subsequent period of Level V custody shall not be counted against such 15 year
period.”
Section 24. Amend the newly designated § 4121(e) (2) a.
and b., Title 11, Delaware Code by striking the number “15”
wherever it appears in this subparagraph, a. and b., and substituting in lieu thereof the number
“25” at each location.
Section 25. Amend the newly designated § 4121(e)(2)a.,
Title 11, Delaware Code by inserting the phrase “has successfully completed an
appropriate sex offender treatment program certified by the State,” immediately
following the phrase “imposed, and the offender”.
Section
26. Amend the newly designated Amend §
4121(e)(2)b., Title 11, Delaware Code by inserting the phrase “has successfully
completed an appropriate sex offender treatment program certified by the State
and ” immediately following the phrase “imposed, and the offender”.
Section 27. Amend the newly designated § 4121(e)(2)c.,
Title 11, Delaware Code by inserting the phrase “has successfully completed an
appropriate sex offender treatment program certified by the State and”
immediately following the phrase “imposed, and the offender”.
Section 28. Amend the newly designated § 4121(e)(2)e.,
Title 11, Delaware Code by striking the phrase “enter the information
concerning the resdesignation into the DELJIS system” as found therein and by substituting
in lieu thereof the phrase “notify the Sex Offender registry.”
Section 29. Amend §
4121(g),Title 11, Delaware Code by redesignating it as § 4121(f).
Section 30. Amend the newly
designated § 4121(f), Title 11, Delaware Code, by striking the phrase
“offender” where it appears immediately following “describe his or her
relationship to the” and substituting in lieu thereof the word “victim”.
Section 31. Amend § 4121(h), Title 11, Delaware Code by
redesignating it as § 4121(g).
Section 32. Amend the newly designated § 4121(g) Title
11, Delaware Code by striking the number “5” as found therein and substituting
in lieu thereof the number “3”.
Section 33. Amend § 4121(i), Title 11, Delaware Code by
redesignating it § 4121(h).
Section 34. Amend § 4121(j), Title 11, Delaware Code by
redesignating it § 4121(i).
Section 35. Amend the newly designated § 4121(i)(3),
Title 11, Delaware Code by inserting “study or” immediately after the phrase
“office of the local jurisdiction where the offender plans to”.
Section 36. Amend § 4121(k), Title 11, Delaware Code by
redesignating it § 4121(j).
Section 37. Amend § 4121(l), Title 11, Delaware Code by
redesignating it § 4121(k).
Section 38. Amend § 4121(m), Title 11, Delaware Code by
redesignating it § 4121(l).
Section 39. Amend § 4121(n), Title 11, Delaware Code by
redesignating it § 4121(m).
Section 40. Amend § 4121(o), Title 11, Delaware Code by
deleting subsection (o) in its entirety and by substituting in lieu thereof, a new (n) to read as follows:
“(n) Notwithstanding any provision of this section
to the contrary , any sex offender convicted of any offense specified in
subparagraph (a)(4)c.of this section shall be designated to a Risk Assessment
Tier by the Court. The designation shall
be in accord with the provisions of subsection (e) of this section.”
Section 41. Amend § 4121(p), Title 11, Delaware Code by
deleting it in its entirety.
Section 42. Amend § 4121(q), Title 11, Delaware Code by
redesignating it § 4121(o).
Section 43. Amend § 4121(r), Title 11, Delaware Code by
redesignating it § 4121(p).
Section 44. Amend § 4121(s), Title 11, Delaware Code by
redesignating it § 4121(q) and by striking the words “not withstanding” and
substituting in lieu thereof the word “notwithstanding”.
Section 45. Amend § 4121(t), Title 11, Delaware Code by
redesignating it § 4121(r).
Section 46. Amend § 4121(u), Title 11, Delaware Code by
redesignating it § 4121(s).
Section 47. Amend § 4121(v), Title 11, Delaware Code by
redesignating it § 4121(t).
Section 48. Amend newly redesignated § 4121(o), by
deleting the phrase “Attorney General shall enter such information”, and by
substituting in lieu thereof, the phrase “agency responsible for registering the
offender shall have the information entered”.
