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DE HB431

Bill

Status

Introduced

6/15/2016

Primary Sponsor

Valerie Longhurst

Click for details

Origin

House of Representatives

148th General Assembly

AI Summary

  • Creates a new statute (§1240A) prohibiting posting or displaying law enforcement or judicial officers' home addresses or telephone numbers on the Internet with intent to cause imminent physical injury, with penalties ranging from class A misdemeanor to class D felony depending on resulting injury.

  • Allows law enforcement and judicial officers (including former officers) to issue a written demand requiring removal of their home address or phone number from the Internet within 48 hours, effective for four years, and prevents reposting on the same or other websites controlled by the recipient.

  • Prohibits transfer of officers' personal information to other persons after receiving a written demand and requires County Recorders of Deeds to terminate all public access methods to home addresses or phone numbers upon receiving such demand.

  • Establishes civil remedies allowing officers to seek injunctive relief (up to $1,000 per day in fines for violations) and damages claims for actual damages, treble damages for willful and malicious conduct (minimum $5,000), plus reasonable attorney's fees for prevailing plaintiffs.

  • Exempts interactive computer service providers and access software providers from liability unless they intend to abet or cause imminent physical injury, and clarifies the statute does not prohibit posting information required by federal or state law.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To The Protection Of Law Enforcement And Judicial Officers.

Last Action

Introduced and Assigned to Public Safety & Homeland Security Committee in House

6/15/2016

Committee Referrals

Public Safety & Homeland Security6/15/2016

Full Bill Text

No bill text available