AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 19 OF THE DELAWARE CODE RELATING TO CRIME VICTIMS AND WITNESSES.
Sponsored By: Bryan Townsend (Democratic)
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Bill Overview
Analyzed Economic Effects
19 provisions identified: 17 benefits, 1 costs, 1 mixed.
Immigrant witnesses get new detention protections
Officers cannot hold crime witnesses or other people able to provide evidence solely for actual or suspected immigration violations. This protection applies when the person is not charged with or convicted of a state crime. Officers also cannot hand that person over to federal immigration authorities without a judge’s warrant.
Immigration detention protections for crime victims
Delaware officers cannot detain crime victims solely for actual or suspected immigration violations. Officers cannot turn these victims over to federal immigration authorities without a judicial warrant. These protections apply when the victim is not charged with or convicted of a state crime.
Safer court access for crime victims
Victims get prompt proceeding notices unless they opt out, and can choose someone to attend instead. Victims and family members can attend criminal proceedings, even when called to testify, except grand juries or good-cause exclusions. Courts must allow requested support people unless exclusion is needed to protect the defendant’s fair-trial rights. Available advocates must be allowed when requested at medical exams, police meetings, trial preparation, court appearances, and parole or pardon hearings. Agencies do not have to provide an advocate. Police must explain how to respond to threats, intimidation, or harassment. Victims can raise safety concerns and request reasonable safety measures. Courts must provide secure waiting areas when available and practical, or other safeguards to reduce contact with defendants and associates.
Sex-offense victims can refuse lie detectors
Officials cannot ask or require alleged sex-offense victims to take lie detectors or other truth-telling tests as an investigation condition. If an official breaks this rule, the victim’s refusal cannot block investigation, charges, or prosecution.
Stronger privacy for victims and witnesses
Law-enforcement agencies generally cannot disclose victims’ and witnesses’ home addresses, phone numbers, schools, or workplaces, including family details. Witness identities are also protected, and covered information is not a public record. Courts generally cannot require home addresses, schools, or workplaces to be stated on the record. Exceptions include written permission, crime-site locations, legal requirements, necessary law-enforcement uses, and court findings of good cause and necessity. Schools can receive specified traumatic-event alerts for minors or students age 18 or older still enrolled in high school. Before speaking with victims, service professionals must explain required sharing of investigation-related information and who receives it.
Funeral help and retained victim funds
Eligible claimants can receive up to $7,500 total for funeral and burial costs. These costs must be actually and necessarily incurred because of a crime-related injury or death. Separate limits on covered losses still apply to secondary victims and homicide claimants. The law removes required transfers of uncommitted fund balances above $6 million to the General Fund each June 30. Keeping this money in the victim compensation fund does not add a new appropriation or guarantee individual payments.
Faster trials and support, with eligibility limits
Child victims and witnesses have rights to faster trials, especially in child-abuse and child-sexual-abuse cases. Courts and prosecutors must promote prompt trials for victims and witnesses with cognitive disabilities. These victims and witnesses must get explanations they understand; victims can also speak with prosecutors. Their families can get service information, including help coping with the crime and later proceedings. Witnesses with cognitive disabilities can raise safety concerns and request reasonable safety measures. Courts must provide secure waiting areas when available and practical, or other safeguards. Requested support people can attend unless exclusion is needed for a fair trial, and can explain the witness’s needs to the judge. People accused of felonies generally cannot use the chapter’s cognitive-disability status. Courts can make exceptions for induced, coerced, or unwilling participation, or voluntary testimony for the State.
Better case updates for crime victims
The Department of Justice must reasonably try to notify victims about prosecution decisions and their legal basis, scheduling, convictions, sentences, and appeals. In felony cases, it must try to share plea or resolution terms before a plea is offered. Misdemeanor victims must be told that pleas can be negotiated at case review hearings. Victims can choose or change contact methods, including no contact; agencies must honor preferences when possible. Victims must update their contact details, and information providers can rely on the latest details while making all reasonable delivery efforts. Notices can be spoken, electronic, or printed unless a specific format is required. Delaware’s criminal justice information system must create an email notice tool, but agencies do not have to use email. That tool depends on appropriated funding and has an implementation window of up to 18 months.
More crime victims qualify for rights
The law broadens which offenses qualify victims for Delaware’s crime victim rights and protections. Coverage includes listed offenses involving people, property, children, vulnerable adults, court proceedings, public health, release bonds, and witness intimidation. It also includes vehicle offenses causing death and offenses committed against people in protected classes. Conduct that counts as abuse or grounds for a sexual violence protective order is also covered.
More people qualify for crime protections
The law defines victims using police reports or charging documents and includes people who represent them. Victims can choose representatives; family members can represent deceased victims. Parents, guardians, or custodians can represent children or impaired victims who cannot meaningfully take part. Special state-agency or attorney representation applies when a deceased child’s sibling is in state custody. Representatives cannot be responsible for the crime or related crimes. Witness protections cover people who know crime-related facts, report crimes, are named for subpoenas, or reasonably fit those descriptions. Police and probation officers acting in their official duties are excluded.
More sentencing input for crime victims
Victims can speak with the officer preparing the presentence investigation. The officer must reasonably try to confer and record when a victim is unavailable or declines. Victims can attend sentencing and make a separate statement, even after helping with a presentence victim-impact statement. After sentencing, victims can address the parole or pardon board in writing or in person.
Victims and witnesses get property back
Police must promptly return victims’ and witnesses’ property once it is no longer needed as evidence. This right does not cover illegal property or property subject to forfeiture. The law does not set a specific return deadline.
Victims can review their body-camera statements
Victims can review parts of body-camera recordings that include their own statements. The police training commission must periodically review camera standards and propose updates when needed. That review covers recording storage and sharing, including victims’ access to footage of their statements.
Victims get input before records disappear
For covered adult requests to clear criminal records, the Attorney General must ask victims for their position. The office must include known positions in its answer and promptly tell victims the court’s decision orally. Victim input also applies to children’s discretionary violent-felony requests when the case did not end in the child’s favor. The Attorney General must file answers or objections to certain discretionary petitions within 120 days and include known victim positions.
Victims get release and pardon notices
Corrections and children’s services agencies must notify victims about expected release, actual release, community placement, parole or pardon hearings, and escape. Escape notices must be immediate, by phone or in person. Victims can request release-condition information and whether the defendant follows those conditions. For scheduled felony parole hearings, victims or family members get at least 30 days’ notice unless they opt out. Notices include the hearing’s date, time, place, and rules; postponements can be requested for up to 45 days. Pardon applications trigger hearing notices to victims and qualifying witnesses who testified for the prosecution. Police officers, expert-only witnesses, and evidence custodians without knowledge of the offense do not qualify as witnesses for this notice. Notice must be attempted to representatives for children or victims unable to take part because of an impairment. Notified victims and witnesses can testify or submit written statements.
Job protections for working crime victims
Employers cannot fire or discipline crime victims or their representatives because they take part in covered case activities. Protected activities include preparing for a proceeding at a prosecutor’s request. Attendance is protected when reasonably needed to protect the victim’s interests or required by a subpoena. Such firing or discipline is an unlawful employment practice. Employers must also follow other applicable victim and witness protections, including protections for subpoenaed school employees.
Clearer rights information for crime survivors
At first contact, investigating agencies must promptly give victims an incident report and explain their rights. They must share compensation and service information, arrest and pretrial-release information instructions, safety procedures, and complaint instructions. The Department of Justice prepares a rights summary for the back of the victim’s incident report. It includes a website address, limits on rights, and the duty to update contact details. The department must maintain an English-Spanish website, as accessible as possible to people with disabilities. It covers services, compensation, address privacy, parole and pardon rights, witness rights, and related procedures. Agencies must also give witnesses accessible rights information in English and Spanish. The website and victim and witness summary provisions take effect immediately, with implementation required within 90 days.
Victims and witnesses get complaint reviews
The Department of Justice must enforce these rights for victims, witnesses, and their families. Each law-enforcement agency must name a supervisor to receive, review, and promptly address complaints. Victims, witnesses, or people acting for them can file complaints. After investigating, agencies must send written findings about compliance. If an agency finds it complied, it must explain how to complain to the Department of Justice.
Victims face limits on court remedies
Failure to follow these rights does not create a damages claim against government workers, officials, or entities. Apart from administrative complaints, victims’ and witnesses’ sole court remedy for agency noncompliance is requesting an order requiring action. This request is called a writ of mandamus. Noncompliance does not invalidate agreements or case outcomes. People accused or convicted of crimes against the victim cannot object based on these violations.
Sponsors & Cosponsors
Sponsor
Bryan Townsend
Democratic • Senate
Cosponsors
Stephanie L. Hansen
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
DeShanna U Neal
Democratic • House
Brian Pettyjohn
Republican • Senate
Sophie Phillips
Democratic • House
Marie Pinkney
Democratic • Senate
Cyndie Romer
Democratic • House
John "Jack" Walsh
Democratic • Senate
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
SS 1 for SB 17 - Signed by Governor
8/20/2025GovernorSS 1 for SB 17 - Passed By House. Votes: 38 YES 2 NO 1 VACANT
6/26/2025HouseSS 1 for SB 17 - - Defeated In House by Voice Vote
6/26/2025HouseSubstituted in Senate by SS 1 for SB 17
6/26/2025SenateSS 1 for SB 17 - Reported Out of Committee (Appropriations) in House with 4 On Its Merits
6/25/2025HouseSS 1 for SB 17 - Assigned to Appropriations Committee in House
6/20/2025HouseSS 1 for SB 17 - Reported Out of Committee (Judiciary) in House with 8 On Its Merits
6/18/2025HouseSS 1 for SB 17 - Assigned to Judiciary Committee in House
6/5/2025HouseSS 1 for SB 17 - Passed By Senate. Votes: 19 YES 2 ABSENT
5/22/2025SenateSS 1 for SB 17 - Reported Out of Committee (Finance) in Senate with 4 On Its Merits
5/15/2025SenateSubstituted in Senate by SS 1 for SB 17
5/7/2025SenateAssigned to Finance Committee in Senate
3/26/2025SenateReported Out of Committee (Judiciary) in Senate with 5 Favorable, 2 On Its Merits
3/26/2025SenateIntroduced and Assigned to Judiciary Committee in Senate
1/10/2025Senate
Bill Text
Current
1/10/2025
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