reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8508. Information to be supplied by court officials.

§ 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.
42 Del. Laws, c. 181, §  4;  11 Del. C. 1953, §  8504;  63 Del. Laws, c. 188, §  1;  68 Del. Laws, c. 101, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8509. Information to be supplied by heads of institutions.

§ 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.
42 Del. Laws, c. 181, §  5;  11 Del. C. 1953, §  8505;  63 Del. Laws, c. 188, §  1;  69 Del. Laws, c. 224, §  2;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 137, §§  3, 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8510. Information to be supplied by Department of Correction and Division of Youth Rehabilitative Services.

§ 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.
63 Del. Laws, c. 188, §  1;  65 Del. Laws, c. 452, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8510A. Information to be supplied by Division of Professional Regulation.

§ 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.
77 Del. Laws, c. 326, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8511. Time period for submission of required information.

§ 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.
42 Del. Laws, c. 181, §  7;  11 Del. C. 1953, §  8507;  63 Del. Laws, c. 188, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8512. Access to institutions and public records.

§ 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.
42 Del. Laws, c. 181, §  8;  11 Del. C. 1953, §  8508;  63 Del. Laws, c. 188, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8515. Furnishing information of injured or deceased persons.

§ 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.
42 Del. Laws, c. 181, §  12;  11 Del. C. 1953, §  8512;  63 Del. Laws, c. 188, §  1;  79 Del. Laws, c. 265, §  11;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8516. Furnishing information without application.

§ 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.
42 Del. Laws, c. 181, §  13;  11 Del. C. 1953, §  8513;  63 Del. Laws, c. 188, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8517. Local assistance.

§ 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.
42 Del. Laws, c. 181, §  14;  11 Del. C. 1953, §  8514;  57 Del. Laws, c. 670, §  4C;  63 Del. Laws, c. 188, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8518. Scientific crime detection laboratory.

§ 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.
42 Del. Laws, c. 181, §  15;  11 Del. C. 1953, §  8515;  63 Del. Laws, c. 188, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8519. Certified copies of records.

§ 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.
42 Del. Laws, c. 181, §  16;  11 Del. C. 1953, §  8516;  63 Del. Laws, c. 188, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8520. Annual report.

§ 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 Del. Laws, c. 188, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8521. Access to files.

§ 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.
42 Del. Laws, c. 181, §  18;  11 Del. C. 1953, §  8518;  63 Del. Laws, c. 188, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8522. Authority to take fingerprints, photographs and other data.

§ 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.
42 Del. Laws, c. 181, §  19;  11 Del. C. 1953, §  8519;  63 Del. Laws, c. 188, §  1;  74 Del. Laws, c. 322, §  6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8523. Penalties.

§ 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.
42 Del. Laws, c. 181, §§  20, 21;  11 Del. C. 1953, §§  8520, 8521;  63 Del. Laws, c. 188, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8524. Admissible evidence.

§ 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 Del. Laws, c. 188, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8525. Information voluntarily supplied by individuals.

§ 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.
42 Del. Laws, c. 181, §  10;  11 Del. C. 1953, §  8510;  63 Del. Laws, c. 188, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8526. Voluntary fingerprinting of certain school children.

§ 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.
64 Del. Laws, c. 201, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter II. Missing Persons › § 8531. Definitions.

§ 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. The person is physically or mentally disabled.
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.
65 Del. Laws, c. 48, §  2;  78 Del. Laws, c. 327, §  1;  84 Del. Laws, c. 219, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter II. Missing Persons › § 8532. Original complaint.

§ 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.
65 Del. Laws, c. 48, §  2;  78 Del. Laws, c. 327, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter II. Missing Persons › § 8533. Law-enforcement reports.

§ 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.
65 Del. Laws, c. 48, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter II. Missing Persons › § 8534. Dissemination of missing person report.

§ 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.
65 Del. Laws, c. 48, §  2;  78 Del. Laws, c. 327, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter II. Missing Persons › § 8535. Missing person report involving a child.

§ 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.
65 Del. Laws, c. 48, §  2;  84 Del. Laws, c. 219, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter II. Missing Persons › § 8536. Dental records.

§ 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.
65 Del. Laws, c. 48, §  2;  84 Del. Laws, c. 219, § 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter II. Missing Persons › § 8537. Unidentified deceased persons — Duties of law-enforcement agency.

§ 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.
65 Del. Laws, c. 48, §  2;  84 Del. Laws, c. 219, § 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter II. Missing Persons › § 8538. Unidentified deceased persons — Fingerprints.

§ 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.
65 Del. Laws, c. 48, §  2;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter III. Missing Children Information Clearinghouse › § 8541. Established.

§ 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.
64 Del. Laws, c. 388, §  1;  65 Del. Laws, c. 48, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter III. Missing Children Information Clearinghouse › § 8542. Definitions.

§ 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.
64 Del. Laws, c. 388, §  1;  65 Del. Laws, c. 48, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter III. Missing Children Information Clearinghouse › § 8543. Duties.

§ 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.
64 Del. Laws, c. 388, §  1;  65 Del. Laws, c. 48, §  1;  84 Del. Laws, c. 219, § 5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter III. Missing Children Information Clearinghouse › § 8544. Filing missing child reports; notification upon location; purging information; return of fingerprints.

§ 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.
64 Del. Laws, c. 388, §  1;  65 Del. Laws, c. 48, §  1;  76 Del. Laws, c. 385, §§  1, 2;  78 Del. Laws, c. 266, §  6;  84 Del. Laws, c. 219, § 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter IV. Child Sex Abuse Information Repository › § 8550. Definitions.

§ 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.
68 Del. Laws, c. 441, §  1;  73 Del. Laws, c. 45, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter IV. Child Sex Abuse Information Repository › § 8551. Establishment of Child Sex Abuse Information Repository.

§ 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.
68 Del. Laws, c. 441, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter IV. Child Sex Abuse Information Repository › § 8552. Guidelines.

§ 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.
68 Del. Laws, c. 441, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter IV. Child Sex Abuse Information Repository › § 8553. Duties.

§ 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.
68 Del. Laws, c. 441, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter V. Criminal Background Check for Child Care Providers › § 8561. Information to be provided to child care providers.

§ 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, c. 154, § 2, eff. Apr. 7, 2016.;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter V. Criminal Background Check for Child Care Providers › § 8562. Penalties.

§ 8562. Penalties.68 Del. Laws, c. 441, §  1;  repealed by 80 Del. Laws, c. 154, § 2, eff. Apr. 7, 2016.;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter VI. Firearm Transaction Approval Program (FTAP) › § 8570. Purpose and intent.

§ 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.
83 Del. Laws, c. 330, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter VI. Firearm Transaction Approval Program (FTAP) › § 8571. Definitions.

§ 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.
83 Del. Laws, c. 330, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter VI. Firearm Transaction Approval Program (FTAP) › § 8573. Confidentiality of NICS check and POC records.

§ 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.
83 Del. Laws, c. 330, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter VI. Firearm Transaction Approval Program (FTAP) › § 8574. Procedure and remedies upon denial.

§ 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.
83 Del. Laws, c. 330, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter VII. Gold Alert Program for Certain Missing Persons › § 8580. Definitions.

§ 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.
76 Del. Laws, c. 379, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 196, § 1;