Title 11, Crimes and Criminal Procedure

§ 9009. Administrative provisions; compensation. A claimant, including an estate, may file a claim with the Agency for indemnification of all pecuniary loss: (1) If a claim is approved, the award must be the amount of pecuniary loss minus the amount the claimant has received or w…

§ 9010. Denial of claim; reduction. (a) The Agency shall deny payment of a claim for any of the following reasons: (1) Where the claimant was the perpetrator of the crime on which the claim is based. (2) Where the victim incurred the personal injury on which the claim is based th…

§ 9011. Payment of compensation. (a) Any person, regardless of age or mental condition, is entitled to make application for compensation under this chapter if the person is a claimant. In any instance in which the person entitled to make application is deemed by law to be a perso…

§ 9012. Form of claim; investigation—hearing. (a) All claims filed with the Agency must be in writing on the Agency’s provided claim form and signed by the claimant. The Agency shall initiate an investigation of the claim within 30 days of the filing of the claim. After this inve…

§ 9013. Attorney fees. A claimant need not be represented by an attorney before the Appeals Board, but if such person is represented the Appeals Board may award an amount for services rendered. Such fees shall not exceed $1,000 or 15% of the amount awarded, whichever sum is less,…

§ 9014. Recovery from the criminal. (a) Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the act constituting such offense, the State may institute an action against…

§ 9015. Assignment and subrogation. (a) Awards and recoveries granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other le…

§ 9016. Penalty assessment. (a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there must be levied an additional penalty of 18% of every fine, penalty, and forfeiture imposed and collected by the court…

§ 9017. Annual reports. The Department of Justice shall transmit to the Governor, State Auditor, and the General Assembly an annual report of the activity of the Agency under this chapter.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, § 10; 69 Del. Laws, c. 250, § 1; 77 Del. La…

§ 9018. Compensating fine. In any court of the State upon the conviction of any person or the adjudication of delinquency of any child for a crime resulting in the personal injury or death of another person, the court may, in addition to any other penalty, and in addition to reim…

§ 9019. Oaths; production of witnesses and records. The Executive Director and each member of the Appeals Board shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers and records relevant to any investigation or hearing authorized …

§ 9020. Filing false claim. (a) Any claim under this chapter, which is false in part or in whole, constitutes a false written statement in violation of § 1233 of this title. (b) Any person who files a false claim under this chapter shall forfeit any compensation and shall reimbur…

§ 9021. Persons to whom chapter applicable. This chapter shall apply to: (1) All persons, including nonresidents of Delaware, who are victims of crimes committed on January 1, 1975, or thereafter within this State; and (2) All Delaware residents and domiciliaries who are victims …

§ 9022. Conflict of interest. Any member of the Agency, Council, or Appeals Board with a direct or indirect interest in a matter in question shall disqualify themselves from any consideration of that matter.65 Del. Laws, c. 64, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 193…

§ 9023. Payment for forensic medical examinations for victims of sexual offense. (a) The cost of a forensic medical examination done for the purpose of gathering evidence that can be used in the prosecution of a sexual offense may be paid from the Victims’ Compensation Fund. (b) …

§ 9024. Payment for child psychological assessments and short-term counseling. (a) The costs of a psychological assessment done for the purposes of evaluating the mental health needs of a child victim may be paid from the Victims’ Compensation Fund. (b) The costs of short-term co…

§ 9025. Enactment. (a) To the extent that they may be under the administrative control of the Administrative Office of the Courts, as of July 1, 2009, the Executive Director and staff of the Violent Crime Compensation Board are transferred to the Department of Justice for budgeta…

§ 9101. Findings. The General Assembly finds that it is against public policy and the welfare of the citizens of Delaware to allow a person accused or convicted of a crime to benefit financially from a published reenactment of said crime or any incidents involved therein. The Gen…

§ 9102. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Board” shall mean the Violent Crimes Compensation Board, as established by this ti…

§ 9103. Distribution of moneys. (a) Every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person convicted of a crime in this State, with respect to the reenactment of such crime, by wa…

§ 9104. Board as exclusive escrow agent. Notwithstanding any other provisions of law, the Board shall have exclusive jurisdiction and control, as escrow agent, over any moneys subject to this chapter. No distribution of moneys in such escrow accounts shall be made except by deter…

§ 9105. Judicial review. Any party aggrieved by a final determination and order of the Board may appeal such final determination and order to the Superior Court.64 Del. Laws, c. 169, § 1;

§ 9106. Penalties. Any person convicted of a violation of this chapter shall be guilty of a class A misdemeanor.64 Del. Laws, c. 169, § 1;

§ 9200. Limitations on political activity; “law-enforcement officer” defined; rights of officers under investigation. (a) A law-enforcement officer within a jurisdiction in this State has the same rights to engage in political activity as are afforded to any other person. The rig…

§ 9201. Insertion of adverse material in officer’s file. No law-enforcement agency shall insert any adverse material into the file of any officer except the file of the internal investigation or the intelligence division unless the officer has had an opportunity to review, sign, …

§ 9202. Disclosure of personal assets. No officer shall be required or requested to disclose any item of personal property, income, assets, sources of income, debts, personal or domestic expenditures (including those of any member of the officer’s household), unless such informat…

§ 9203. Hearing — Required on suspension or other disciplinary action. If a law-enforcement officer is: (1) Suspended for any disciplinary reason; or (2) Charged with conduct alleged to violate the rules or regulations or general orders of the agency that employs the officer; or …

§ 9204. Hearing — Scheduling; notice. In the event an officer is entitled to a hearing, a hearing shall be scheduled within a reasonable period of time from the alleged incident, but in no event more than 45 days following the conclusion of the internal investigation, unless waiv…

§ 9205. Hearing — Procedure. (a) An official record including testimony and exhibits shall be kept of the hearing. (b) The hearing shall be conducted within the department by an impartial board of officers. The prosecuting party and the officer and/or the officer’s representative…

§ 9206. Hearing — Evidence obtained in violation of officer’s rights. No evidence may be obtained, received or admitted into evidence in any proceeding of any disciplinary action which violates any of the rights established by the United States Constitution or Delaware Constituti…

§ 9207. Hearing — Written decision and findings of fact to be delivered to officer. Any decision, order or action taken following the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the…

§ 9208. Extra work as punishment prohibited. No law-enforcement officer shall be compelled to work extra duty without compensation as a penalty for a disciplinary infraction. No suspension for any period of time provided in departmental rules and regulations shall affect the law-…

§ 9209. Application of chapter. The chapter shall apply to all law-enforcement disciplinary proceedings throughout the State, conducted by the law-enforcement agencies specified in § 9200(b) of this title.65 Del. Laws, c. 12, § 1; 65 Del. Laws, c. 139, § 5;

§ 9210. Authorized disclosures. (a) (1) Beginning on August 7, 2023, an investigating agency shall prepare, within 30 days following the completion of a formal investigation and the conclusion of any hearing required by this chapter, a detailed narrative of the investigation, not…

§ 9211. Annual reporting and record retention. (a) Beginning in 2024, each law-enforcement agency shall annually report to the Criminal Justice Council (CJC), and the CJC shall post on its website, all of the following information: (1) The number of public complaints and internal…

§ 9301. Police chief removal; right to hearing; appeal. (a) No colonel, chief of police or any officer who is the highest ranking officer of a legislatively authorized police department within this State, except the Police Chief of the City of Wilmington, Chief of New Castle Coun…

§ 9401. Definitions. For purposes of this chapter: (1) “Crime” means any of the following: a. An offense against the person under subchapter II of Chapter 5 of this title. b. Any of the following offenses involving property: 1. A felony under Subpart A through Subpart E of Chapte…

§ 9402. Compliance with chapter. (a) The Department of Justice shall enforce compliance with this chapter on behalf of victims, witnesses, and members of their families. (1) Each law-enforcement agency shall designate a supervisor who shall receive, review, and promptly address c…

§ 9403. Rights of victims. A victim of crime has all of the following rights: (1) To maintain the confidentiality of their personal information as follows: a. A law-enforcement agency may not disclose the residential address, telephone number, school, or place of employment of th…

§ 9404. Rights of victims; prohibition against detaining a victim exclusively for immigration violation or to turn over to federal immigration authorities absent warrant. (a) It is the public policy of this State to protect the public from crime and violence by encouraging all pe…

§ 9405. Rights of victims; location, status, and preservation of biological evidence. (a) (1) A law-enforcement agency must submit all sexual assault kits to the Division of Forensic Science laboratory for analysis under Chapter 47 of Title 29, unless § 4713(g)(1)b. of Title 29 a…

§ 9406. Safety of victim [Transferred]. Transferred to §§ 9403, 9410 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

§ 9407. Presence at court proceedings; notice [Transferred]. Transferred to § 9403 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

§ 9408. Prompt return of property [Transferred]. Transferred to § 9403 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

§ 9409. Limitations on employer. (a) An employer may not discharge or discipline a victim or a representative of the victim any of the following: (1) Participation at the prosecutor’s request in preparation for a proceeding. (2) Attendance at a proceeding if the attendance is rea…

§ 9410. Information from a law-enforcement agency at initial contact. (a) At the initial contact between the victim of a reported crime and the law-enforcement agency responsible for investigating that crime, the law-enforcement agency shall promptly provide the victim all of the…