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

12 provisions identified: 9 benefits, 0 costs, 3 mixed.

More help for funeral and burial costs

The Victims' Compensation Program pays up to $7,500 for funeral and burial costs per claim. The old limit was $5,000. The separate $2,500 burial line is removed. Funeral and burial are now one expense category, which can speed reviews. This lowers out-of-pocket costs for families after a crime.

More notice on parole, pardons, expungement

Victims or close family get at least 30 days’ notice before a felony parole hearing and can ask for a delay up to 45 days if not notified. For pardons, the Department of Justice sends certified‑mail notice and victims or witnesses may testify or submit statements. For discretionary expungements, the Attorney General must contact victims, include their views in the response, and promptly tell them the court’s decision. Parole, pardon, and expungement notices must follow standard procedures, and the Board must also notify the court and DOJ of pardon filings.

Support and safety for victims in court

You may attend all stages of a criminal case except grand jury; a court may exclude you only for good cause. You can have a victim advocate with you when available and ask the court for reasonable safety measures. Courts must provide separate waiting areas for witnesses. Before sentencing in covered cases, the court must receive a victim‑impact statement, and you can also make a separate statement. The sentencing law is aligned to respect victim‑statement rights. Police must return property to victims and witnesses promptly when it is no longer needed as evidence.

Job protections for crime victims

It is illegal for an employer to fire or punish you for taking part in criminal case prep or hearings. Employers must offer reasonable schedule or duty changes and let you use accrued leave. An employer can refuse only if the change causes undue hardship to the business.

Digital notices and bilingual info for victims

Required notices can be given by phone, email, or paper. You can set or change your contact preference, including choosing no contact, and agencies should follow it. DELJIS must let agencies send notices by email, but that email rule starts 10 days after a funding notice and must be built within 18 months. The DOJ must run a public website in English and Spanish about victims’ and witnesses’ rights. DELJIS must print a rights summary on the victim’s incident report copy. Some website and notice pieces take effect right away and must be done within 90 days.

How victim compensation funds flow

Courts send penalty assessments to a Victims’ Compensation Fund in the State Treasury. Any unspent balance over $6,000,000 on June 30 goes to the General Fund. This changes how the state manages money that supports victim compensation.

See your body‑camera statements

You have the right to review the parts of body‑worn camera recordings that include your statements. The state must build this right into police training rules and update standards for camera use, storage, and sharing.

Stronger privacy and immigration safeguards

Police, prosecutors, and corrections may not share a victim’s or witness’s home address, phone, school, or workplace, unless allowed by law or a court, or you sign a written waiver. Officers may name a student to a school district only to report a traumatic event. Police may not detain a victim or witness only for immigration reasons or transfer them to federal immigration agents without a judicial warrant. Victim‑service workers must tell you when they must share what you say and who will get it. Sex‑offense victims cannot be required to take a polygraph, and refusal does not stop an investigation or prosecution.

Stronger job protections for crime victims

Delaware law bars employers from firing or disciplining a victim or a victim’s representative for going to court or related meetings. The law adds a clear cross-reference so employers see this rule. This helps workers keep their jobs while they take part in a case.

Report and enforce victims’ rights

Victims and witnesses can file a complaint when an agency fails to follow the law. You can also ask a court to order compliance by filing a writ of mandamus. Every law‑enforcement agency must report yearly on compliance, and the Criminal Justice Council posts a single combined report. The law clarifies which agencies are covered, including police, the Department of Justice, and the Department of Correction.

More oversight and funding for victims' compensation

The law stops sweeping Victims' Compensation Fund balances over $6,000,000 to the General Fund at year end. More money stays in the fund for future victim claims. The advisory council adds the Child Advocate and another mental health member. This strengthens oversight but does not create new benefits by itself.

Who is covered by victim rights

The law covers more crimes, including those used for abuse, domestic violence, or sexual‑violence protective orders. More family members can act as a victim’s representative when the victim has died or cannot take part. The law also broadens what counts as “victim services.” But qualifying neighborhood or homeowners’ associations are no longer covered by this chapter.

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