DelawareSS 1 for SB 17153rd General Assembly (2024–2026)SenateWALLET

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)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

22 provisions identified: 16 benefits, 1 costs, 5 mixed.

Immigration safeguards for victims and witnesses

Delaware officers cannot detain crime victims solely because of an actual or suspected immigration violation. They cannot transfer victims to federal immigration authorities without a judicial warrant or valid court order. For crime witnesses and people who can provide evidence, officers cannot detain or transfer them solely over immigration violations without such authorization. These protections do not change other immigration requirements.

More victim input before and after sentencing

Presentence officers must reasonably try to speak with victims and record when victims are unavailable or decline. Victims can speak at sentencing and address parole or pardon boards in writing or in person. Victim-impact statements are required before sentencing for felonies, specified drug offenses, and misdemeanors causing physical injury or death. The requirement needs an identifiable, cooperating victim and does not apply in Justices of the Peace Courts. Immediate sentencing generally excuses the statement unless conviction follows a plea; the victim's separate right to speak remains. Statements describe physical, emotional, and financial harm and requests for related services and fees.

Safer court access for witnesses with disabilities

Witnesses with cognitive disabilities get understandable court explanations, plus information for them and their families about suitable services and programs. Courts and prosecutors must take steps toward prompt trials and consider the effects of delay. Courts must provide a separate, secure waiting area when available and practical. Otherwise, courts must use safeguards to limit contact with the defendant and others covered by the law. Requested support people must be allowed unless exclusion is needed for a fair trial; they may advise the judge when appropriate.

Safer court visits for victims and witnesses

Agencies must tell victims how to respond to threats, intimidation, or harassment and obtain pretrial-release information. Courts must offer victims a separate, secure waiting area when available and practical, or provide other safeguards to reduce contact. Victims and witnesses attending court can raise safety concerns and request reasonable safety measures, including changes to usual court practices. After conviction, victims receive projected and actual release dates, including release to community programs.

Victims and trial witnesses join pardon hearings

When a pardon application is filed, the Justice Department and Superior Court must notify victims and qualifying prosecution trial witnesses. Notices give the hearing's date, time, and place; recipients can testify or submit a written statement before the hearing. Qualifying witnesses exclude police officers, expert-only witnesses, and evidence custodians without knowledge of the offense. Special notice rules apply to children and people whose physical, psychological, or mental impairment prevents meaningful participation.

More flexible funeral help for crime victims

Eligible crime-victim compensation covers funeral and burial expenses up to a combined, one-time limit of $7,500. This replaces separate limits of $5,000 for funeral expenses and $2,500 for burial expenses, without increasing the total limit. Costs must be necessary and actually incurred because of injury or death resulting from a crime. For homicide claims, eligible types of loss remain limited to those listed in the law.

Job protections for victims attending proceedings

Employers cannot fire or discipline crime victims or their representatives for covered preparation or attendance at proceedings. Preparation must be requested by a prosecutor. Attendance must be reasonably needed to protect the victim’s interests or required by a subpoena. The protection covers proceedings, not just criminal justice proceedings. It does not require paid leave, replace missed wages, or create a broader right to leave.

Broader victim rights, narrower family eligibility

The law covers listed violent, property, child, vulnerable-adult, court-related, release-condition, intimidation, and vehicle-causing-death offenses, plus abuse and sexual-violence protection cases. Victims include people identified in police or charging records and eligible representatives chosen by the victim or court. Representatives also include certain relatives after death and caregivers when age or impairment prevents participation. Special rules assign the state child-services department or an appointed attorney for certain children in state custody. Family status is limited to spouses, children, stepchildren, parents, stepparents, and siblings; chosen people no longer qualify simply as family. People responsible for the crime or related conduct cannot qualify as family or representatives. Witnesses include people with crime-related knowledge, crime reporters, subpoena designees, and people reasonably believed to qualify, but not officers acting officially.

Victims gain complaints but cannot claim damages

Agencies must name a supervisor to promptly review complaints from victims, witnesses, or people acting for them. Agencies must send written findings; findings of compliance must explain how to complain to the Justice Department, which enforces the chapter. Beyond complaints, the only court remedy is a mandamus request to order compliance; agency failures do not support damages against government actors. Missing rights or notices do not invalidate pleas, agreements, or other case outcomes, and accused or convicted offenders cannot object. Annual agency compliance reports begin February 1, 2026; the Criminal Justice Council must compile a statewide report by April 30, 2026.

Child witnesses get faster trials

Child witnesses have a right to an expedited trial. The law especially emphasizes cases involving child abuse or child sexual abuse. It sets no specific trial deadline.

Clearer rights and service information for victims

At first contact, investigating agencies must promptly give reported-crime victims the initial incident report and explain their rights. Agencies must explain services, compensation, arrest and release information, threats or custody-condition violations, and complaint procedures. The Justice Department must prepare a rights summary for the report's last page and accessible witness information in English and Spanish. It must also maintain an accessible English-and-Spanish website covering rights, services, compensation, address confidentiality, parole, pardons, and witnesses. Families of victims with cognitive disabilities also receive service information; summary and witness-material duties have a 90-day implementation period, while website development has delayed implementation.

Faster trials and clearer help for victims

Victims have the right to speak with the prosecutor, and courts must consider victims’ interest in a speedy case. Courts must speed up trials for child victims, especially in child-abuse and child-sexual-abuse cases. For victims with cognitive disabilities, courts and prosecutors must take steps toward a prompt trial. Courts must consider the effects on these victims before granting delays. These victims also have the right to explanations of proceedings in language they understand.

More case and release notices for victims

Victims receive important case and custody updates; the Justice Department must make reasonable attempts to provide applicable notices. These include decisions not to prosecute and their legal basis, hearings, sentences, appeals, post-conviction matters, and the right to consult prosecutors. In felony cases, prosecutors must try to share resolution terms before offering a plea; misdemeanor notices explain possible case-review plea talks. State correctional and child-services departments must provide release, community-program release, parole or pardon hearing, and escape notices for defendants in their custody. Escape notices must be immediate by phone or in person; requested information must include release conditions and compliance.

More privacy for victims and witnesses

Agencies generally cannot disclose victims', witnesses', or their families' home addresses, phone numbers, schools, or workplaces. Witness and witness-family identities are also protected. Covered information is not a public record, and courts face limits on requiring location information on the record. Exceptions include written waivers, crime-scene locations, legal requirements, necessary police work, court-approved disclosure for good cause and necessity, and specified school alerts. Before speaking with victims, service professionals must explain required sharing of investigation-related information and who receives it.

Sex-offense victims cannot face required polygraphs

Officials cannot ask or require alleged sex-offense victims to take a polygraph or other truth-telling test as an investigation condition. If an official violates this rule, the victim's refusal cannot block investigation, charges, or prosecution.

Victims and witnesses get property back promptly

Law-enforcement agencies must promptly return victims' and witnesses' property once it is no longer needed as evidence. This does not cover illegal property or property subject to forfeiture. The law sets no exact return deadline or payment amount.

Victims attend proceedings with more support

Victims can attend all stages of proceedings and receive prompt notice of dates, times, and places unless they opt out. They can bring family or a chosen support person, unless exclusion is needed to protect a fair trial. For victims with cognitive disabilities, support people can advise the judge about understanding proceedings and questions. Available advocates must be allowed when requested at medical exams, police meetings, trial preparation, court appearances, and parole or pardon hearings. Agencies need not supply advocates, but the Justice Department must prioritize attendance requests for children and victims with cognitive disabilities.

Victims review their own body-camera statements

Victims can review the portions of police body-camera recordings containing their own statements. Police standards must include this right, and the responsible commission must review and update policies. The review right does not cover every part of a recording.

Neighborhood associations lose drug-case victim status

The law repeals the provision giving qualifying neighborhood and homeowners' associations victim status in neighborhood illegal-drug cases. Associations can no longer claim the chapter's rights, privileges, or notices through that provision.

Victim parole notices change, older duties end

For felony convictions, the parole board must give victims or family hearing details at least 30 days ahead, unless they opt out. People receiving hearing notices must also receive the board's decision. Anyone missed by required notice can request postponement to attend or submit a statement, capped at 45 days from the original date. The law separately repeals older parole and pardon board duties to provide certain written participation and parole, pardon, or commutation decision notices. Those repealed duties no longer apply; the remaining notice rights still govern.

Victims choose contact methods and update details

Victims can choose or change their preferred contact method, including no contact; agencies must follow that preference when possible. Victims must tell agencies when their contact information changes. Officials can provide required information verbally, electronically, or on paper unless a specific format is required. The state criminal-justice information system must create email notice capability, subject to funding, within 18 months after funding becomes available.

Victims get expungement input, limited decision access

For discretionary expungement petitions under sections 1018 and 4374, the Attorney General must contact victims and include known views in the court answer. The section 1018 rule covers qualifying juvenile violent-felony matters that did not end in the child's favor. For section 4374 petitions, victims must promptly receive the court's decision orally, but cannot receive a copy of the expungement order. These rules provide input, not a victim veto over clearing records.

Sponsors & Cosponsors

Sponsor

Bryan Townsend
Democratic • Senate

Cosponsors

Krista Griffith
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Larry Lambert
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
DeShanna U Neal
Democratic • House
Brian Pettyjohn
Republican • Senate
Sophie Phillips
Democratic • House
Marie Pinkney
Democratic • Senate
Nicole Poore
Democratic • Senate
Cyndie Romer
Democratic • House
John "Jack" Walsh
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 57 • No: 2

House vote • 6/26/2025

Passed (SM required)

Yes: 38 • No: 2

Senate vote • 5/22/2025