Title 11, Crimes and Criminal Procedure

§ 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 tha…

§ 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…

§ 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 …

§ 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 i…

§ 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 …

§ 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 an…

§ 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…

§ 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.4…

§ 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…

§ 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…

§ 8513A. Governmental agency access to the Criminal Justice Information System (CJIS) [Repealed].71 Del. Laws, c. 205, § 2; repealed by 80 Del. Laws, c. 169, § 11, eff. Aug. 17, 2015.;

§ 8514. User agreements [Transferred]. Transferred to § 8611 of this title by 80 Del. Laws, c. 169, § 1, effective August 17, 2015.

§ 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 s…

§ 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 a…

§ 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…

§ 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 crim…

§ 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…

§ 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.42 Del. Laws, c. 181, § 17; 11 Del. C. 1953, § 8517; 63 De…

§ 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 s…

§ 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…

§ 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 requ…

§ 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.63 D…

§ 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 copi…

§ 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 …

§ 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 empl…

§ 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 …

§ 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 se…

§ 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…

§ 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 mi…

§ 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…

§ 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 authorit…

§ 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 ident…

§ 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, a…

§ 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 informat…

§ 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 mi…

§ 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 missin…

§ 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 gove…

§ 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…

§ 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 informati…

§ 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 accu…

§ 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 …

§ 8560. Definitions [Repealed].68 Del. Laws, c. 441, § 1; 69 Del. Laws, c. 144, §§ 1, 2; 70 Del. Laws, c. 577, §§ 5, 6; repealed by 80 Del. Laws, c. 154, § 2, eff. Apr. 7, 2016.;

§ 8561. Information to be provided to child care providers.68 Del. Laws, c. 441, § 1; 69 Del. Laws, c. 144, § 3; 69 Del. Laws, c. 316, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 577, §§ 1-4; 73 Del. Laws, c. 45, § 2; 73 Del. Laws, c. 412, §§ 8, 9; repealed by 80 Del. Laws, …

§ 8562. Penalties.68 Del. Laws, c. 441, § 1; repealed by 80 Del. Laws, c. 154, § 2, eff. Apr. 7, 2016.;

§ 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 fac…

§ 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 h…