SB 32 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRIVACY FOR CORRECTIONAL OFFICERS, AND PROBATION AND PAROLE OFFICERS.
Last action — Signed by Governor
-
✓Introduced
-
✓In Committee
-
✓Passed Senate
-
✓Passed House
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced January 03, 2025. Enacted.
Signed by Governor Matt Meyer (Democratic) on August 12, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Enacted
Current position in the legislative process.
-
13 sponsors
13 primary, 0 co-sponsors signed on.
-
Bipartisan support
Sponsored across 2 parties (7 D · 5 R) — cross-party backing.
-
Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
This Act allows for correctional officers and probation and parole officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential. The Act takes effect 180 days after its enactment to allow for implementation.
Bill Text
What changed in the latest version
140 added · 24 removedPlain-language change summary
The amendments to SB 32 clarify the definition of "publicly post" or "publicly display," now requiring intentional communication of protected personal information. They limit prohibited conduct to those who engage in such intentional acts and remove a restriction on sharing correctional officers' personal information, allowing companies that offer services like credit reporting to work with officers and their families. Additionally, the amendments refine the private right of action to focus solely on instances of publicly posted or displayed information. Technical corrections were also made for clarity and consistency with drafting standards.
Hoffner DELAWARE& STATERep. SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.
1Carson TOSens. SENATE BILL NO.
32Hansen, AMENDHuxtable, SenateLawson, BillPettyjohn, No.Poore, Richardson, Sokola, Wilson;
32Reps. on line 30 by deleting “communicate to another” and inserting in lieu thereof “intentionally communicate”.
FURTHERCooke, AMENDHilovsky, SenateRoss BillLevin, No.D.
32Short onDELAWARE linesSTATE 48SENATE through153rd 49GENERAL byASSEMBLY deletingSENATE “discloseBILL suchNO. personal information.” and inserting in lieu thereof “publicly post or publicly display.”.
FURTHER32 AN ACT TO AMEND SenateTITLE Bill11 No.OF THE DELAWARE CODE RELATING TO PRIVACY FOR CORRECTIONAL OFFICERS, AND PROBATION AND PAROLE OFFICERS.
32BE byIT deletingENACTED linesBY 60THE throughGENERAL 61ASSEMBLY inOF theirTHE entirety.STATE OF DELAWARE:
FURTHERSection AMEND1. Senate Bill No.
32Amend onChapter line65, 69Part byIV, deletingTitle “who11 isof aggrievedthe byDelaware a”Code andby insertingmaking indeletions lieuas thereofshown “whoseby personalstrike informationthrough isand publiclyinsertions postedas orshown publiclyby displayedunderline in”.as follows:
FURTHERSubchapter AMENDXII. Senate Bill No.
32Privacy onfor lineCorrectional 111Officers, byProbation deleting “two” and insertingParole inOfficers. lieu thereof “2”.
FURTHER§ AMEND6594. Senate Bill No.
32Definitions. on line 119 by deleting “two-year” and inserting in lieu thereof “2-year”.
SYNOPSISAs Thisused Amendmentin doesthis thesubchapter: following:
(1) Changes“Correctional theofficer” definitionmeans ofany “publiclyactive, post”formerly active, or “publiclyretired display”individual towho requireserves intentionalor communication.served as a correctional officer or a probation and parole officer with the Department of Correction.
(2) Clarifies“Department” thatmeans prohibitedthe conductDepartment isof limitedCorrection. to those who publicly post or publicly display protected personal information.
(3) Removes“Family” themeans sectionas prohibitingdefined ain person§ from901 transferringof aTitle correctional10. officer’s personal information to any other person through any medium, which would allow for companies that provide services like credit reporting, identity verification, and fraud detection to provide these services to correctional officers and their spouses and children.
(4) Clarifies“Government thatagency” theincludes privateall rightagencies, authorities, boards, commissioner, departments, institutions, offices, and any other bodies of actionthe isState limitedcreated toby personalthe informationConstitution thator isstatute, publiclywhether postedin the executive, judicial, or publiclylegislative displayed.branch;
(5)all Makesunits technicaland correctionscorporate tooutgrowths conformcreated toby theexecutive standardsorder of the DelawareGovernor Legislativeor Draftingany Manual.constitutional officer, by the Supreme Court, or by resolution of the General Assembly;
and agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of a unit of local government, or school district.
(5) “Home address” includes a correctional officer’s permanent residence and any secondary residence affirmatively identified by the correctional officer, but does not include a correctional officer’s work address.
(6) “Online privacy vendor” means a company that specializes in or offers services that continuously conduct a basic search and removal of personal information from people finding and database websites.
(7) “Person” means as defined in § 302 of Title 1.
(8) “Personal information” means a home address, home telephone number, mobile telephone number, direct telephone number to a correctional officer’s private office, personal e-mail address, social security number, SD :
JH :
CBK Page 1 of 5 Released:
01/02/2025 03:28 PM federal tax identification number, checking and savings account numbers, credit or debit card numbers, birth or marital records, property tax records, and identity of children under the age of 18.
(9) “Publicly available content” means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a government agency that may be obtained by any person, from the Internet, from the government agency upon request either free of charge or for a fee, or in response to a request under the Freedom of Information Act [Chapter 100 of Title 29].
(10) “Publicly post” or “publicly display” means to communicate to another or otherwise make available to the general public.
(11) “Written request” means written notice signed by a correctional officer or a representative of the correctional officer’s employer requesting a government agency or person to refrain from posting or displaying publicly available content that includes the personal information of the correctional officer or of their family.
§ 6595.
Applicability.
This subchapter applies to correctional officers who serve or served on or after [the effective date of this Act].
§ 6596.
Public display or public posting of a correctional officer’s personal information by government agencies.
Government agencies may not publicly post or publicly display content that includes the personal information of the correctional officer or their family if the correctional officer has made a written request under § 6598 of this title that the government agency not disclose such personal information.
After a government agency has received a written request, that agency shall remove the personal information from publicly available content within 72 hours.
After the government agency has removed the correctional officer’s personal information from publicly available content, the agency shall not publicly post, display or otherwise release the information unless the government agency has received the correctional officer’s consent to make the personal information available to the public.
§ 6597.
Show all 100 changed lines (60 more)
Public display or public posting of a correctional officer’s personal information by persons.
(a) Prohibited conduct.
(1) No person shall publicly post or publicly display the personal information of a correctional officer or their family if the correctional officer has made a written request under § 6598 of this title of that person not to disclose such personal information.
(2) No person shall share, solicit, sell, or trade the personal information of a correctional officer or their family with the intent to pose an imminent and serious threat to the health and safety of the correctional officer or their family.
SD :
JH :
CBK Page 2 of 5 Released:
01/02/2025 03:28 PM (b) Required conduct.
(1) After a person has received a written request from a correctional officer to protect the personal information of the correctional officer or their family, that person must remove the personal information from public display within 72 hours or, in the case of a printed directory, no later than the next update to the directory.
(2) After a person has received a written request from a correctional officer, that person shall ensure that the correctional officer’s personal information is not publicly displayed, including on any website or subsidiary website controlled by that person.
(3) After receiving a correctional officer’s written request, a person may not transfer the correctional officer’s personal information to any other person through any medium.
(c) Remedies.
(1) Equitable relief.
A correctional officer or family member whose personal information is made public as a result of a violation of this subchapter may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.
If the court grants injunctive or declaratory relief, the person responsible for the violation shall be required to pay the correctional officer’s costs and reasonable attorneys’ fees.
(2) Private right of action.
A correctional officer or family member who is aggrieved by a violation of this subsection may bring an action in any court of competent jurisdiction.
A prevailing plaintiff in such action shall be awarded damages in an amount not greater than 3 times the actual damages to the plaintiff and not less than $10,000.
(3) Criminal penalties.
Public posting or display of a correctional officer’s personal information after receipt of a written request may result in criminal penalties under Title 11 where the statutory elements of a crime defined under that title are met.
(d) Affirmative defense.
Nothing in this section shall be construed to limit or enlarge the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as those terms are defined in 47 U.S.C.
§ 230.
§ 6598.
Procedure for completing a written request.
(a) Requirement that a correctional officer make a written request.
SD :
JH :
CBK Page 3 of 5 Released:
01/02/2025 03:28 PM 82 No government agency or person shall be found to have violated any provision of this subchapter if the correctional officer has not submitted a written request calling for the protection of the correctional officer’s personal information.
(b) Written request procedure.
(1) A correctional officer’s written request is valid if any of the following occur:
a.
The correctional officer sends a written request directly to a government agency or person.
b.
The correctional officer files a written request with the Department for the Department to notify government agencies and persons.
(2) The Department shall develop a policy and procedure for a correctional officer to file a written request with the Department for the Department to notify government agencies and persons and shall enroll the correctional officer in the services of an online privacy vendor.
(c) In each quarter of a calendar year, the Department shall provide a list of all correctional officers who have submitted a written request to it, to the appropriate officer with ultimate supervisory authority for a government agency.
The officer shall promptly provide a copy of the list to all government agencies under the officer’s supervision.
Receipt of the written request list compiled by the Department by a government agency shall constitute a written request to that agency for the purposes of this subchapter.
(d) A representative from the correctional officer may submit a written request on the correctional officer’s behalf, provided that the correctional officer gives written consent to the representative and provided that the representative agrees to furnish a copy of that consent when a written request is made.
The representative shall submit the written request as provided in subsection (b) of this section.
(e) Information to be included in the written request.
(1) A correctional officer’s written request shall specify what personal information shall be maintained private.
(2) If a correctional officer wishes to identify a secondary residence as a home address as that term is defined in this subchapter, the designation shall be made in the written request.
(3) A correctional officer shall disclose the identity of the correctional officer’s family and indicate that the personal information of these family members shall also be excluded to the extent that it could reasonably be expected to reveal the personal information of the correctional officer.
(f) Duration of the written request, removal for cause, renewals, revocations, and good standing clause.
SD :
JH :
CBK Page 4 of 5 Released:
01/02/2025 03:28 PM (1) A correctional officer’s written request is valid for two years, unless the correctional officer is removed for cause or fired, in which case that correctional officer’s name must be immediately removed by the Department.
(2) A correctional officer may renew their written request an unlimited number of times so long as they remain employed with the Department.
(3) A correctional officer may revoke their written request by providing notice to the Department or the government agency, person, business, or association with written permission to release the private information.
(4) Any correctional officer who retires or leaves the Department in good standing is eligible to request a two-year extension of their written request from the date of retirement or date of leave.
Section 2.
This Act takes effect 180 days following its enactment into law.
SYNOPSIS This Act allows for correctional officers and probation and parole officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential.
The Act takes effect 180 days after its enactment to allow for implementation.
CBK Page 15 of 15 Released:
06/10/202501/02/2025 02:2403:28 PM 01115300144761530007
Show all 100 changed rows (60 more)
Action History
-
Signed by Governor
-
Passed By House. Votes: 39 YES 1 ABSENT 1 VACANT
-
Reported Out of Committee (Appropriations) in House with 4 On Its Merits
-
Assigned to Appropriations Committee in House
-
Reported Out of Committee (Corrections) in House with 2 Favorable, 3 On Its Merits
-
Assigned to Corrections Committee in House
-
Passed By Senate. Votes: 17 YES 4 ABSENT
-
Amendment SA 1 to SB 32 - Passed By Senate. Votes: 17 YES 4 ABSENT
-
Reported Out of Committee (Finance) in Senate with 1 Favorable, 3 On Its Merits
-
Suspension of Rules in Senate
-
Assigned to Finance Committee in Senate
-
Reported Out of Committee (Corrections & Public Safety) in Senate with 4 Favorable
-
Introduced and Assigned to Corrections & Public Safety Committee in Senate
Sponsors
- Daniel B. Short · Primary
- Laura V. Sturgeon · Primary
- Franklin D. Cooke · Primary
- David L. Wilson · Primary
- David P. Sokola · Primary
- Bryant L. Richardson · Primary
- Nicole Poore · Primary
- Brian Pettyjohn · Primary
- Dave G. Lawson · Primary
- Russell Huxtable · Primary
- Melanie Ross Levin · Primary
- William J. Carson · Primary
- Kyra L. Hoffner · Primary
Sponsorship breakdown
Export CSV (upgrade) →13 sponsors · 0 co-sponsors · 49 not signed on
Sponsors (13)
- Daniel B. Short Republican
- Laura V. Sturgeon Democratic
- Franklin D. Cooke Democratic
- David L. Wilson Republican
- David P. Sokola Democratic
- Bryant L. Richardson Republican
- Nicole Poore Democratic
- Brian Pettyjohn Republican
- Dave G. Lawson Republican
- Russell Huxtable Democratic
- Melanie Ross Levin
- William J. Carson Democratic
- Kyra L. Hoffner Democratic
Co-sponsors (0)
None.
Not signed on (49)
49 members have not signed on to this bill.
Show all 49 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 25 | 0 | 0 | 1 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Not Voting |
| Kamela T Smith | Democratic | Yea |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Yea |
| Sherae'a Moore | Democratic | Yea |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Yea |
| Charles S Postles Jr. | Republican | Yea |
| Daniel B. Short | Republican | Yea |
| Jeff Hilovsky | Republican | Yea |
| Jeffrey N. Spiegelman | Republican | Yea |
| Jesse R. Vanderwende | Republican | Yea |
| Kevin S Hensley | Republican | Yea |
| Lyndon D. Yearick | Republican | Yea |
| Michael F. Smith | Republican | Yea |
| Richard G. Collins | Republican | Yea |
| Ronald E. Gray | Republican | Yea |
| Shannon Morris | Republican | Yea |
| Timothy D. Dukes | Republican | Yea |
| Valerie Jones Giltner | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 14 | 0 | 0 | 1 |
| Republican | 3 | 0 | 0 | 3 |
| Total | 17 | 0 | 0 | 4 |
| % of votes cast | 81% | 0% | 0% | 19% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | Democratic | Yea |
| Darius J. Brown | Democratic | Not Voting |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Ray Seigfried | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Not Voting |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Not Voting |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 32 do?
- This Act allows for correctional officers and probation and parole officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential. The Act takes effect 180 days after its enactment to allow for implementation.
- Who sponsors SB 32?
- SB 32 is sponsored by Daniel B. Short (Republican), Laura V. Sturgeon (Democratic), Franklin D. Cooke (Democratic), David L. Wilson (Republican), David P. Sokola (Democratic), Bryant L. Richardson (Republican), Nicole Poore (Democratic), Brian Pettyjohn (Republican), Dave G. Lawson (Republican), Russell Huxtable (Democratic), Melanie Ross Levin, William J. Carson (Democratic), and Kyra L. Hoffner (Democratic).
- What is the current status of SB 32?
- This bill has been enacted into law. Introduced January 03, 2025. Enacted.
- Where can I track SB 32?
- Track SB 32 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 32
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 32
Last checked for changes about 1 month ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →