DelawareHB 201153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO VICTIMS OF HUMAN TRAFFICKING.

Sponsored By: Kimberly Williams (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Broader legal defense for trafficking victims

Trafficking victims can use their trafficking as a defense against prostitution or loitering charges. The offense must have resulted from the trafficking. The law removes the requirement that it was a direct result.

More pardon options for trafficking victims

Trafficking victims can apply for a pardon and ask to clear records of related arrests or convictions. The crime must have resulted from the trafficking. This route is no longer limited to nonviolent felonies or crimes directly caused by trafficking.

Trafficking victims can clear eligible convictions

Trafficking victims can ask courts to set aside trafficking-related convictions or juvenile delinquency findings, excluding violent felonies under Delaware law. They must show they more likely than not qualify; official government proof of trafficking creates a presumption but is optional. When relief is granted, the court sets aside the conviction or finding and dismisses the charges. The case qualifies for mandatory record clearing, and the court can order it immediately, with or without a request. The court must cancel unpaid fines, fees, restitution, and related debts; amounts already paid are not refunded. Setting aside the case does not establish that the original conviction was wrongful for purposes of other laws.

Crime victims get notice of requests

The Attorney General must contact victims of the underlying crime when a request to set aside the case arrives. Contact must use the victim’s last known address or phone number. The Attorney General must explain the request and ask for the victim’s position. If known, that position must appear in the Attorney General’s response.

Private court process for trafficking victims

Courts must grant proven requests without a hearing when the Attorney General consents or misses the written response deadline. That deadline is 30 days after service, unless extended. Courts must grant an extension requested in writing within those 30 days when supported by good cause. A timely objection requires a hearing; courts can also hold hearings when more information is needed. Requests, hearings, and related records, including docket entries, stay closed to the public unless the court finds good cause to open them.

Sponsors & Cosponsors

Sponsor

Kimberly Williams
Democratic • House

Cosponsors

Alonna Berry
Democratic • House
Darius J. Brown
Democratic • Senate
Eric Buckson
Republican • Senate
William Bush
Democratic • House
Franklin D. Cooke
Democratic • House
Daniel Cruce
Democratic • Senate
Mara Gorman
Democratic • House
Krista Griffith
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Kerri Evelyn Harris
Democratic • House
Jeff Hilovsky
Republican • House
Gerald W. Hocker
Republican • Senate
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Dave G. Lawson
Republican • Senate
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
Michael F. Smith
Republican • House
Trey Paradee
Democratic • Senate
Brian Pettyjohn
Republican • Senate
Sophie Phillips
Democratic • House
Marie Pinkney
Democratic • Senate
Nicole Poore
Democratic • Senate
Bryant L. Richardson
Republican • Senate
Cyndie Romer
Democratic • House
Ray Seigfried
Democratic • Senate
David P. Sokola
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate
Bryan Townsend
Democratic • Senate
John "Jack" Walsh
Democratic • Senate
David L. Wilson
Republican • Senate
Lyndon D. Yearick
Republican • House

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

Senate vote • 4/16/2026

Passed (SM required)

Yes: 20 • No: 0

House vote • 1/28/2026