AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REVERSE LOCATION AND REVERSE KEYWORD SEARCHES AND COURT ORDERS.
What changed between versions
The bill shifted from expanding the list of crimes eligible for reverse-keyword orders (HA 1 added roughly 20+ specific felonies) to broadly prohibiting all reverse-keyword court orders and requests, with a narrow exception limited to Class A violent felonies only.
A new prohibition on reverse-keyword requests (voluntary compliance) was added, banning government entities from requesting, purchasing, or reviewing data obtained through voluntary disclosure in the absence of a court order.
A new anti-circumvention provision was added prohibiting government entities from seeking assistance from federal or out-of-state agencies to obtain information they would be barred from directly seeking under this section.
The expanded list of specific crimes eligible for reverse-keyword orders (including strangulation, assault in the first degree, promoting suicide, various sexual offenses, kidnapping, arson, burglary, robbery, extortion, child exploitation, stalking, and others) was removed entirely and replaced with the single category of Class A violent felonies.
A new 5-search-hit threshold was added: if a reverse-keyword query for a Class A violent felony returns more than 5 hits, the entity must report only the number of hits without disclosing any identities, and the government may not seek additional information from that search.
A new mandatory data deletion requirement was added: any data acquired in violation of the section must be immediately deleted and destroyed.
The sealing requirement from HA 1 (that returns must be kept under seal and unrelated evidence destroyed unless potentially exculpatory) was removed and replaced with broader suppression and deletion provisions.
A new evidence suppression rule was added: any record or information obtained in violation of the section, and any evidence derived from it, is inadmissible in any proceeding. The provision explicitly rejects attenuation, inevitable discovery, and re-obtained evidence exceptions.
New notice and civil remedy provisions were added requiring written notice to affected persons, allowing them to seek injunctive relief, declaratory relief, a writ of mandamus, and reasonable attorney's fees and costs.
A new disciplinary action provision was added making any officer, employee, or agent of the state or political subdivision who violates the section subject to appropriate disciplinary action.
