Del. Code tit. 11 § 8597

Current through 2024 Legislative Session Act Chapter 396

Section 8597 - Definitions

The following definitions shall apply for the purposes of this section only:

(1) "Attorney General" shall mean the Attorney General of the United States.

(2) "Compact Officer" shall mean:

a. with respect to the Federal Government, an official so designated by the Director of the FBI; and

b. with respect to Delaware, the Director of the State Bureau of Identification or his designee.

(3) "Council" shall mean the Compact Council established under Article VI of this Subchapter.

(4) "Criminal history records" shall mean:

a. Information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and

b. But does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.

(5) "Criminal history repository" shall mean the Delaware State Bureau of Identification.

(6) "Criminal justice" shall mean:

a. activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders; and

b. criminal identification activities and the collection, storage and dissemination of criminal history records.

(7) "Criminal justice agency" shall mean:

a. Courts; and

b. A governmental agency or any subunit thereof that:

(1) performs the administration of criminal justice pursuant to a statute or Executive order; and

(2) allocates a substantial part of its annual budget to the administration of criminal justice; and

c. Federal and State inspectors general offices.

(8) "Criminal justice services" shall mean services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.

(9) "Criterion offense" shall mean any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.

(10) "Direct Access" shall mean access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

(11) "Executive order" shall mean an order of the President of the United States or the Governor of the State of Delaware that has the force of law and that is promulgated in accordance with applicable law.

(12) "FBI" shall mean the Federal Bureau of Investigation.

(13) "Interstate Identification System" or "III System" shall mean:

a. The cooperative Federal-State system for the exchange of criminal history records; and

b. The National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI.

(14) "National Fingerprint File" shall mean a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.

(15) "National Identification Index" shall mean an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.

(16) "National indices" shall mean the National Identification Index and the National Fingerprint File.

(17) "Nonparty State" shall mean a State that has not ratified this Compact.

(18) "Noncriminal justice purposes" shall mean uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

(19) "Party State" shall mean a State that has ratified this Compact.

(20) "Positive identification" shall mean:

a. A determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System;

b. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.

(21) "Sealed record information" shall mean:

a. with respect to adults, that portion of a record that is:

i. not available for criminal justice uses;

ii. not supported by fingerprints or other accepted means of positive identification; or

iii. subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a Federal or State statute that requires action on a sealing petition filed by a particular record subject; and

b. with respect to juveniles, whatever each State determines is a sealed record under its own law and procedure.

(22) "State" shall mean any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

11 Del. C. § 8597

Added by Laws 2019 , ch. 97, s 1, eff. 7/4/2019.