Delaware 152nd General Assembly (2023-2024) Status: In Committee 4 D cosponsors

SB 333 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEX OFFENDER COMMUNITY NOTIFICATION.

Last action — Introduced and Assigned to Judiciary Committee in Senate

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 152nd General Assembly (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act eliminates the requirement that a school, school district, or licensed child care provider keep community notifications in a binder. Instead, schools, school district, or licensed child care providers are required to provide all of the following information upon request by staff, faculty, or a legal guardian: 1. Notification that searchable records available to the public can be obtained at a police agency or the Delaware State Bureau of Identification (“SBI”). 2. Notification that the public can register for community notifications on the Delaware Sex Offender Central Registry website. 3. The URL for the Delaware Sex Offender Central Registry website. Additionally, the school, school district, or licensed child care provider must post the information on its website. If it does not have website, then the school, school district, or licensed child care provider must send the information to staff, faculty, and a legal guardian of an enrolled child in writing at least annually. The Act also clarifies that sex offender registry information must be available on the Internet on the Delaware Sex Offender Central Registry website. The requirement that schools, school districts, and licensed child care providers keep binders was enacted in 2002, based on recommendation from the Community Notification Task Force that schools have a role in community awareness. However, this requirement has created financial, administrative, and emotional burdens for staff who maintain the binders. The binders are rarely reviewed by the public and they do not necessarily provide up-to-date information or information on sex offenders in the immediate geographic area of the school, school district, or licensed child care provider. Additionally, in its March 31, 2002, report, the Community Notification School Task Force found that schools do not have the expertise to answer inevitable questions regarding the nature of particular offenses or the risk posed by particular offenders, and that it is not an appropriate role for educators to answer those questions. Federal Sex Offender Registration and Notification Act (“SORNA”) guidelines require law enforcement to keep a registry of sex offenders and to provide public notification. Specifically, the guidelines require law enforcement to notify schools, but do not require schools to provide access to sex offender records. Instead, federal law enacted in 2006, 34 U.S.C. § 20920, requires states to provide public access to sex offender registry information on the Internet. The SBI maintains the Delaware Sex Offender Central Registry on its website, which allows the general public to find information about registered sex offenders by searching the offender’s information or by searching in a geographic radius. The website also allows the public to sign up for e-mail notifications regarding sex offenders who appear on the website. The website is updated every Friday. It is easily accessible to most of the public, including on computers at public libraries. Additionally, the public can request sex offender registry information in-person at a Delaware State Police troop. The public also can call the SBI for information. Certain municipal police agencies, such as the City of Dover Police Department and the Newark Delaware Police Department, also provide access to community notifications for offenders located in the municipality on the agency’s website. Law-enforcement agencies are better equipped than schools or licensed childcare providers to answer questions about the registry. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

Action History

  1. Introduced and Assigned to Judiciary Committee in Senate

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 56 not signed on

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (56)

56 members have not signed on to this bill.

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"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.

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Frequently asked questions

What does SB 333 do?
This Act eliminates the requirement that a school, school district, or licensed child care provider keep community notifications in a binder. Instead, schools, school district, or licensed child care providers are required to provide all of the following information upon request by staff, faculty, or a legal guardian: 1. Notification that searchable records available to the public can be obtained at a police agency or the Delaware State Bureau of Identification (“SBI”). 2. Notification that the public can register for community notifications on the Delaware Sex Offender Central Registry website. 3. The URL for the Delaware Sex Offender Central Registry website. Additionally, the school, school district, or licensed child care provider must post the information on its website. If it does not have website, then the school, school district, or licensed child care provider must send the information to staff, faculty, and a legal guardian of an enrolled child in writing at least annually. The Act also clarifies that sex offender registry information must be available on the Internet on the Delaware Sex Offender Central Registry website. The requirement that schools, school districts, and licensed child care providers keep binders was enacted in 2002, based on recommendation from the Community Notification Task Force that schools have a role in community awareness. However, this requirement has created financial, administrative, and emotional burdens for staff who maintain the binders. The binders are rarely reviewed by the public and they do not necessarily provide up-to-date information or information on sex offenders in the immediate geographic area of the school, school district, or licensed child care provider. Additionally, in its March 31, 2002, report, the Community Notification School Task Force found that schools do not have the expertise to answer inevitable questions regarding the nature of particular offenses or the risk posed by particular offenders, and that it is not an appropriate role for educators to answer those questions. Federal Sex Offender Registration and Notification Act (“SORNA”) guidelines require law enforcement to keep a registry of sex offenders and to provide public notification. Specifically, the guidelines require law enforcement to notify schools, but do not require schools to provide access to sex offender records. Instead, federal law enacted in 2006, 34 U.S.C. § 20920, requires states to provide public access to sex offender registry information on the Internet. The SBI maintains the Delaware Sex Offender Central Registry on its website, which allows the general public to find information about registered sex offenders by searching the offender’s information or by searching in a geographic radius. The website also allows the public to sign up for e-mail notifications regarding sex offenders who appear on the website. The website is updated every Friday. It is easily accessible to most of the public, including on computers at public libraries. Additionally, the public can request sex offender registry information in-person at a Delaware State Police troop. The public also can call the SBI for information. Certain municipal police agencies, such as the City of Dover Police Department and the Newark Delaware Police Department, also provide access to community notifications for offenders located in the municipality on the agency’s website. Law-enforcement agencies are better equipped than schools or licensed childcare providers to answer questions about the registry. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors SB 333?
SB 333 is sponsored by Valerie Longhurst, John "Jack" Walsh (Democratic), Laura V. Sturgeon (Democratic), Kendra Johnson (Democratic), David P. Sokola (Democratic), and Paul S. Baumbach.
What is the current status of SB 333?
This bill died with 152nd General Assembly (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 333?
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