Bill Text: DE HB431 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Protection Of Law Enforcement And Judicial Officers.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2016-06-15 - Introduced and Assigned to Public Safety & Homeland Security Committee in House [HB431 Detail]
Download: Delaware-2015-HB431-Draft.html
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SPONSOR: |
Rep. Longhurst & Rep. Schwartzkopf & Rep. Smyk & Sen. Ennis & Sen. Pettyjohn |
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Reps. Briggs King, Dukes, Heffernan, Hudson, Keeley, Mitchell, Osienski, Potter, B. Short, D. Short, M. Smith, Wilson; Sens. Bushweller, Henry, Hocker, Lopez |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 431 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE PROTECTION OF LAW ENFORCEMENT AND JUDICIAL OFFICERS. |
Section 1. Amend Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§1240A. Posting, display, or sale of law enforcement or judicial officer's personal information on the Internet.
(a) No person shall knowingly post or display publicly on the Internet, or solicit, sell, or trade on the Internet, the home address or telephone number of any individual who is a law enforcement or judicial officer, or a member of the law enforcement or judicial officer's household, knowing that the individual is a law enforcement or judicial officer, or a member of the law enforcement or judicial officer's household, and intending to cause imminent physical injury to that individual that is likely to occur, or threatening to cause imminent physical injury to that individual. A violation of this subsection is a class A misdemeanor, except that the violation is a class G felony if the violation results in physical injury to the law enforcement or judicial officer or a member of the law enforcement or judicial officer's household, or a class D felony if the violation results in serious physical injury to the law enforcement or judicial officer or a member of the law enforcement or judicial officer's household. For the purposes of this section, a law enforcement officer or judicial officer also includes any person who formerly held a position as a law enforcement officer or judicial officer.
(b)(1) No person shall post or display publicly on the Internet the home address or telephone number of any law enforcement or judicial officer if that law enforcement or judicial officer has, either directly or through an agent designated under subsection (d) of this section, made a written demand of that person not to disclose the law enforcement or judicial officer's home address or telephone number.
(2) A written demand made under this subsection shall include a statement describing a threat or fear for the safety of that law enforcement or judicial officer or member of the law enforcement or judicial officer's household.
(3) A written demand made under this subsection by a law enforcement or judicial officer shall be effective for four years, even if the law enforcement or judicial officer ceases to be a law enforcement or judicial officer prior to the end of the four-year period.
(4)a. A person that receives the written demand of a law enforcement or judicial officer pursuant to this section shall remove the law enforcement or judicial officer's home address or telephone number from public display on the Internet, including information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue to ensure that this information is not reposted on the same Internet website, subsidiary site, or any other Internet website maintained or controlled by the recipient of the written demand.
b. After receiving the law enforcement or judicial officer's written demand, the person shall not transfer the law enforcement or judicial officer's home address or telephone number to any other person.
(5) Upon the receipt of a written demand pursuant to this subsection, or upon the receipt of such written demand pursuant to §9616A of this title, a County Recorder of Deeds, consistent with that County Recorder of Deeds' policies, procedures, and protocols, shall terminate all methods and forms of public access to the home address or telephone number of any individual making such a demand.
(c)(1) A law enforcement or judicial officer whose home address or telephone number is made public as a result of a violation of subsections (a) or (b) of this section, by another person may bring an action against such person and may apply to the Court of Chancery for an order temporarily or permanently restraining and enjoining the commencement or continuance of such act or acts. The Court may award the relief applied for or such other relief as it may deem appropriate in equity. A fine not exceeding $1,000 per day may be imposed for a violation of the Court's order for injunctive relief obtained pursuant to this paragraph.
(2) Independent of or in conjunction with an action under paragraph (c)(1), any person who suffers any injury to person, business or property as a result of a violation of subsections (a) or (b) of this section, may bring an action for damages against a person who is alleged to have violated subsections (a) or (b) of this section. The aggrieved person shall recover actual damages, and treble damages where there has been a showing of willful and malicious conduct, but in no case less than $5,000.
(3) In any civil action brought under this subsection, the Court shall award to any aggrieved person who prevails reasonable costs and reasonable attorney's fees.
(4) The filing of a criminal action against a person for violation of subsection (a) of this section, is not a prerequisite to the bringing of a civil action under this subsection against such person.
(d) A law enforcement or judicial officer may designate in writing the law enforcement or judicial officer's employer, a related governmental entity, or a voluntary professional association of which the law enforcement or judicial officer is a member, to act on behalf of that law enforcement or judicial officer as that law enforcement or judicial officer's agent with regard to making a written demand pursuant to subsection (b) of this section. A written demand made by an agent pursuant to this subsection shall include a statement describing a threat or fear for the safety of that law enforcement or judicial officer or a member of the law enforcement or judicial officer's household.
(e) An interactive computer service or access software provider, as defined in §230(f), Title 47 of the United States Code, shall not be liable under this section unless the interactive computer service or access software provider intends to abet or cause imminent physical injury that is likely to occur or threatens to cause imminent physical injury to a law enforcement or judicial officer or a member of the law enforcement or judicial officer's household.
(f) This section shall be subject to the waiver process set forth in � 9617 of this title.
(g)This section does not prohibit a person from posting or displaying publicly on the Internet the home address or telephone number of an individual where such posting or public display is required by federal or state law.
SYNOPSIS
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The General Assembly finds that the publication of the private contact information of certain law enforcement and judicial officers on the Internet unnecessarily endangers such individuals. This Bill is intended to provide law enforcement or judicial officers with the ability to demand that their residential addresses and other contact information be removed from the Internet and otherwise kept in a private manner. This Bill further provides for criminal enforcement of these protections and creates a private civil cause of action designed to enjoin and deter such violations. |
