AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE STATE BUREAU OF IDENTIFICATION.
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SB 247 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE STATE BUREAU OF IDENTIFICATION.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced June 14, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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7 sponsors
2 primary, 5 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (1 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
This Act, consistent with longstanding practice throughout the State expressly recognized in the existing statute, clarifies the manner in which criminal justice agencies may inform the public of information related to arrests. In addition, this Act provides the State Bureau of Identification the ability to share information with the Federal government to maintain on-going monitoring of individuals who have already undergone background checks. Finally, it provides that fingerprints and similar information collected will be retained for future comparison purposes.
Bill Text
- Bill Text View text Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This Act clarifies and expands the provisions regarding the dissemination of criminal history records and ongoing monitoring of individuals' criminal histories.
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§ 8502
“FBI Criminal History Systems” shall mean the electronic clearinghouse of crime data accessible to criminal justice agencies nationwide that is maintained by the Federal Bureau of Investigation.
Defines the term 'FBI Criminal History Systems' related to crime data access.
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§ 8502
“Rap Back System” shall mean a service maintained by the FBI to provide authorized non-criminal and criminal justice agencies on-going status notifications of any criminal history subsequently reported to the FBI in its criminal history system after the initial criminal or civil transaction thus eliminating the need for repeated background checks on a person from the same applicant agency.
Defines the term 'Rap Back System' which facilitates ongoing monitoring of individuals' criminal histories.
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§ 8513
This provision shall not prohibit dissemination by any criminal justice agency in those cases in which time is of the essence and the Bureau is technologically incapable of responding within the necessary time period.Allows criminal justice agencies to disseminate criminal history records when timely response is impossible for the Bureau.
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§ 8527
A report of an individual’s subsequent criminal history record information as part of on-going monitoring and reporting through the Bureau, the FBI’s criminal history systems or the Rap Back system.
Mandates the inclusion of ongoing monitoring in criminal history record information reports.
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§ 8527
This section shall apply to any recipient agency seeking a state or federal CHRI report for the purposes of employing or licensing any individual in this State.
Clarifies that the section applies to agencies requesting criminal history reports for employment or licensing purposes.
Action History
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Signed by Governor
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Passed By House. Votes: 41 YES
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Reported Out of Committee (Public Safety & Homeland Security) in House with 7 On Its Merits
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Assigned to Public Safety & Homeland Security Committee in House
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Passed By Senate. Votes: 19 YES 2 ABSENT
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Reported Out of Committee (Judicial & Community Affairs) in Senate with 4 On Its Merits
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Introduced and Assigned to Judicial & Community Affairs Committee in Senate
Sponsors
- Bryan Townsend · Cosponsor
- David L. Wilson · Cosponsor
- Stephen Smyk · Cosponsor
- Melanie George Smith · Cosponsor
- Harvey R. Kenton · Cosponsor
- John L. Mitchell · Primary
- Bruce C. Ennis · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 5 co-sponsors · 55 not signed on
Sponsors (2)
Co-sponsors (5)
- Bryan Townsend Democratic
- David L. Wilson Republican
- Stephen Smyk
- Melanie George Smith
- Harvey R. Kenton
Not signed on (55)
55 members have not signed on to this bill.
Show all 55 →"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 |
|---|---|---|---|---|
| Unaffiliated | 25 | 0 | 0 | 0 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 41 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 2 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 19 | 0 | 0 | 2 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Yea |
| Brian J. Bushweller | — | Yea |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Not Voting |
| Colin Bonini | — | Yea |
| David B. McBride | — | Yea |
| Ernesto B Lopez | — | Yea |
| F. Gary Simpson | — | Not Voting |
| Gregory F. Lavelle | — | Yea |
| Harris B. McDowell | — | Yea |
| Margaret Rose Henry | — | Yea |
| Robert Marshall | — | Yea |
| Bryan Townsend | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 247 do?
- This Act, consistent with longstanding practice throughout the State expressly recognized in the existing statute, clarifies the manner in which criminal justice agencies may inform the public of information related to arrests. In addition, this Act provides the State Bureau of Identification the ability to share information with the Federal government to maintain on-going monitoring of individuals who have already undergone background checks. Finally, it provides that fingerprints and similar information collected will be retained for future comparison purposes.
- Who sponsors SB 247?
- SB 247 is sponsored by Bryan Townsend (Democratic), David L. Wilson (Republican), Stephen Smyk, Melanie George Smith, Harvey R. Kenton, John L. Mitchell, and Bruce C. Ennis.
- What is the current status of SB 247?
- This bill has been enacted into law. Introduced June 14, 2018. Enacted.
- Where can I track SB 247?
- Track SB 247 free on One Click Politics — get push/email alerts when it moves.
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