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Legislation Document
SPONSOR:
Rep. Wilson-Anton
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE AMENDMENT NO. 1
TO
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 145
AMEND House Substitute No. 1 for House Bill No. 145 by inserting after line 21 and before line 22 the following and redesignating accordingly:
“
(2) “Data” means a digital representation of information, whether such data is stored in raw, unstructured, semi-structured, or structured formats.
(3) “Database” means a repository of information or data.
”.
FURTHER AMEND House Substitute No. 1 for House Bill No. 145 by inserting after line 28 and before line 29 and redesignating accordingly:
“
(6) Reverse-keyword designated felony” means any of the following crimes or an offense under the law of another jurisdiction that, if the act had taken place in Delaware, would be eligible to be charged as one of the following crimes:
a. A class A violent felony.
b. Strangulation or suffocation; § 607 of this title.
c. Assault in the first degree; § 613 of this title.
d. Promoting suicide; § 645 of this title.
e. Unlawful sexual contact in the first degree; § 769 of this title.
f. Rape in the third degree; § 771 of this title.
g. Rape in the second degree; § 772 of this title.
h. Sexual extortion; § 774 of this title.
i. Continuous sexual abuse of a child; § 776 of this title.
j. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; § 778 of this title.
k. Kidnapping in the second degree; § 783 of this title.
l
. Kidnapping in the first degree; § 784 of this title.
m. Trafficking of an individual, forced labor and sexual servitude; § 787 of this title.
n. Arson in the first degree; § 803 of this title.
o. Burglary in the first degree; § 826 of this title.
p. Robbery in the first degree; § 832 of this title.
q. Extortion; § 846 of this title.
r. Sexual exploitation of a child; § 1108 of this title.
s. Dealing in child pornography; § 1109 of this title.
t. Sexual solicitation of a child; § 1112A of this title.
u. Promoting sexual solicitation of a child; § 1112B of this title.
v. Stalking; § 1312 of this title.
x. Bombs, incendiary devices, Molotov cocktails and explosive devices; § 1338 of this title.
y. Adulteration; § 1339 of this title.
z. Aggravated act of intimidation; § 3533 of this title.
aa. Abuse, neglect, exploitation, or mistreatment of an adult who is impaired or incapacitated causing bodily harm, permanent disfigurement, permanent disability or death; § 3913(c) of Title 31.
”.
FURTHER AMEND House Substitute No. 1 for House Bill No. 145 on line 50 by deleting “
class A violent felony
” and inserting in lieu thereof “
reverse-keyword designated felony
”.
FURTHER AMEND House Substitute No. 1 for House Bill No. 145 by inserting after line 62 and before line 63 the following:
“
(4) A return received in response to a reverse-keyword court order must be kept under seal with the Court and any evidence unrelated to the case must be immediately destroyed, unless otherwise required to be retained and provided to the defendant as potentially exculpatory evidence as required by law.
”.
SYNOPSIS
This amendment to House Substitute No. 1 to House Bill No. 145 expands the list of crimes where a reverse-key word order may be granted under the conditions outlined in this Act. It also provides that returns from a reverse-keyword court order must be kept under seal and destroyed if unrelated to the case unless they are potentially exculpatory.