DelawareHS 1 for HB 213153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO EVIDENCE AND WITNESSES.

Sponsored By: Krista Griffith (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

New privacy protections for crime victims

Delaware law protects victims’ private communications with qualified victim advocates and records kept while providing victim services. Advocates cannot disclose them without a waiver or legal authority. Covered victims include people identified as crime victims in police reports or criminal charging documents. Coverage also includes people seeking help for domestic violence, abuse, sexual offenses, caregiver abuse, human trafficking, or stalking. Services include crisis hotlines, emergency aid, counseling, legal and court help, compensation applications, safety planning, and support during crime-related proceedings. Advocates must be agency employees or volunteers supervised by an employee, with at least 20 hours of agency-documented advocacy training. Public and private victim service agencies qualify, but law-enforcement agencies and the Department of Justice do not. Victims can claim the protection, and current or former advocates can claim it only on the victim’s behalf. A parent, guardian, or custodian can claim it when age or disability prevents the victim from meaningfully participating. That representative cannot be the defendant or have interests that conflict with the victim’s. Protection continues even when the victim cannot be reached, ending only with the victim’s signed written waiver or death. Exceptions cover legally required disclosures, including mandatory reports under Title 16, Section 903. Another exception allows disclosure to prevent imminent death or serious physical injury from conduct the victim says they intend to commit. The advocate must reasonably believe disclosure is necessary to prevent that harm. Exceptions also cover communications relevant to proceedings under Title 13, Chapter 25, or Title 16, Chapter 9, and exceptions under Title 16, Section 909. In criminal cases, defendants seeking a judge’s private review must first seek the victim’s consent before filing. They must precisely identify the information and plausibly show it cannot be obtained elsewhere. They must show a compelling reason for disclosure and that the information is relevant and material to the defense. Requests cannot be purely speculative. The court must find that the information’s value as evidence outweighs safety concerns for the victim or advocate. After private review, the judge can release relevant portions or redact information.

Liability protection for victim advocates

Victim advocates are protected from liability for disclosures made in good faith under the law’s privacy exceptions. In a proceeding about that disclosure, the advocate is presumed to have acted in good faith.

Sponsors & Cosponsors

Sponsor

Krista Griffith
Democratic • House

Cosponsors

Alonna Berry
Democratic • House
Stephanie T. Bolden
Democratic • House
William Bush
Democratic • House
Daniel B. Short
Republican • House
Stephanie L. Hansen
Democratic • Senate
Kerri Evelyn Harris
Democratic • House
Debra Heffernan
Democratic • House
Kyra L. Hoffner
Democratic • Senate
Kimberly Williams
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
Michael F. Smith
Republican • House
Eric Morrison
Democratic • House
Nicole Poore
Democratic • Senate
Cyndie Romer
Democratic • House
John "Jack" Walsh
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 60 • No: 0

Senate vote • 6/23/2026

Passed (2/3 required)

Yes: 21 • No: 0

House vote • 3/17/2026

Passed (SM required)

Yes: 39 • No: 0

Actions Timeline

Signed by Governor
9/14/2026Governor
Passed By Senate. Votes: 21 YES
6/23/2026Senate
Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
5/6/2026Senate
Assigned to Judiciary Committee in Senate
3/17/2026Senate
Passed By House. Votes: 39 YES 2 ABSENT
3/17/2026House
was introduced and adopted in lieu of HB 213
3/12/2026House

Bill Text

Current
3/12/2026
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