Title 11, Crimes and Criminal Procedure

§ 9415. Presentence report. (a) An Investigative Services Officer shall make a reasonable effort to confer with the victim during a presentence investigation under § 4331 of this title. (b) If the victim is not available or declines to confer, the Investigative Services Officer s…

§ 9416. Consideration of victim impact statement at Board of Parole Hearing or Board of Pardons hearing [Repealed].69 Del. Laws, c. 167, § 1; 69 Del. Laws, c. 318, § 1; repealed by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.;

§ 9417. Annual reports. (a) Each law-enforcement agency shall compile an annual report outlining compliance with this chapter at the end of each calendar year that includes all of the following: (1) The number of complaints received of noncompliance with this chapter. (2) A summa…

§ 9418. Victims’ Rights Fund. All fines collected under Chapter 48 of Title 21 shall be deposited into a Victims’ Rights Fund established within the State Treasurer’s Office. Proceeds of this Fund are to be used for the establishment of necessary infrastructure and systems develo…

§ 9419. Rights of qualifying neighborhood or homeowners' associations [Repealed].70 Del. Laws, c. 101, § 2; repealed by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.;

§ 9420. Polygraph testing of a victim. (a) A law-enforcement officer, prosecutor, or other government official may not ask or require a victim of an alleged sex offense to submit to a polygraph examination or truth telling device as a condition for proceeding with the investigati…

§ 9421. Legislative intent [Repealed].74 Del. Laws, c. 44, § 1; repealed by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.;

§ 9422. Definitions [Transferred]. Transferred to § 9401 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

§ 9423. Rights of witnesses to crime. A witness to a 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 identity, residential address, telephone number, school, or p…

§ 9424. Additional rights and services [Transferred]. Transferred to § 9423 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

§ 9425. Prohibition against detaining a witness 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 persons who are witn…

§ 9426. Requirements for information from law-enforcement agencies [For application of this section, see 85 Del. Laws, c. 142, § 13]. (a) The Department of Justice shall create a summary of the rights under §§ 9423 and 9425 of this title. (b) The summary under subsection (a) of t…

§ 9501. Purpose. (a) The General Assembly finds and declares that: (1) The resolution of felony, misdemeanor and juvenile delinquent offenses can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formaliz…

§ 9502. Program funding; operation; supervision. (a) There is hereby established a Victim-Offender Alternative Case Resolution Committee to be composed of the Attorney General, Chief Defender, Chief Judge of the Court of Common Pleas, Director of the Criminal Justice Council, and…

§ 9503. Confidentiality. (a) All memoranda, work notes or products, case files or programs, and data collected under this chapter are confidential and privileged. This information is not subject to disclosure in any judicial or administrative proceeding. (b) Confidentiality under…

§ 9504. Eligibility. (a) An offender may not be admitted to the program unless the Attorney General certifies that the offender is appropriate for the program, regardless of any criteria established under any program or this chapter. (b) A person who voluntarily enters an alterna…

§ 9505. Immunity. (a) Members of the Victim-Offender Alternative Case Resolution Committee or board of directors of an organization with a victim-offender alternative case resolution program are immune from suit in any civil action based upon any proceedings or other official act…

§ 9601. Witness relocation and services. (a) The Attorney General may provide for the health, safety, security and welfare of a witness or a potential witness for the State government in an official proceeding concerning criminal activity or other serious offense, if the Attorney…

§ 9602. Civil judgments. (a) If a person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter is named as a defendant in a civil cause of action arising prior to or during the period in which the service…

§ 9603. Child custody arrangement. (a) The Attorney General may not relocate any child in connection with services provided to a person under this subchapter if it appears that a person other than that protected person has legal custody of that child. (b) Before services which in…

§ 9604. Cooperation of other state agencies and governments; reimbursement of expenses. Each state agency shall cooperate with the Attorney General in carrying out the provisions of this subchapter and may provide, on a reimbursable basis, such personnel and services as the Attor…

§ 9605. Additional authority of Attorney General. The Attorney General may enter into such contracts or other agreements as may be necessary to carry out this subchapter. Any such contract or agreement which would result in the State being obligated to make outlays may be entered…

§ 9606. Source of funding. All expenses incurred by the Attorney General to provide any service pursuant to this subchapter shall be paid from the Special Law Enforcement Assistance Fund established by § 4110 of this title.74 Del. Laws, c. 57, § 1; 78 Del. Laws, c. 28, § 1;

§ 9611. Definitions. When used in this subchapter, the following words and phrases shall have the meanings ascribed to them in this section: (1) “Actual address” shall mean a residential address, school address or work address of an individual. (2) “Image” includes, but is not li…

§ 9612. Address Confidentiality Program. (a) The Department of Justice shall establish a program to be known as the Address Confidentiality Program. Upon application and certification, persons eligible pursuant to this subchapter shall be provided a substitute address by the Prog…

§ 9613. Persons eligible to apply. All of the following persons are eligible to apply to become program participants: (1) A victim of domestic violence, sexual assault, human trafficking, kidnapping, or stalking who has filed for a protection from abuse order or who is or was nam…

§ 9614. Application, certification and termination process. A person shall file an application with the Program in a manner prescribed by the Program. The Department of Justice shall have the authority to promulgate appropriate policies and procedures regarding certification and …

§ 9615. Agency use of designated address. Federal, state and local government agencies shall accept the substitute address designated on a valid program participation card issued to the program participant by the Program as the program participant’s address except when any of the…

§ 9616. Disclosure of actual address. The Department of Justice shall not disclose the actual address of a program participant except when any of the following apply: (1) A federal, state or local government agency has been granted a waiver by the Program and the disclosure is ma…

§ 9616A. Publicly posting or displaying program participant’s actual address, telephone number, or image on the Internet. (a) No person shall post or display publicly on the Internet, or solicit, sell, or trade on the Internet, the actual address, telephone number, or image of a …

§ 9617. Waiver process. (a) A federal, state or local government agency may request disclosure of a program participant’s actual address pursuant to this section. The Department of Justice shall have the authority to promulgate appropriate policies and procedures regarding the wa…

§ 9618. Emergency disclosure. The Program shall establish a system to promptly respond to requests for emergency disclosures if the disclosure satisfies any of the following conditions: (1) It will prevent physical harm or significant economic loss to a program participant or to …

§ 9619. Penalties. (a) Any person who knowingly provides false information in regard to a material fact contained in any application made pursuant to this subchapter shall be subject to termination from the program and to criminal penalties under § 1233 of this title, or any othe…

§ 9701. Legislative intent. WHEREAS, the safety of all Delawareans is of paramount importance; and WHEREAS, municipal, county, university, and Delaware River and Bay Authority police departments, in addition to the Delaware State Police and other State agency police departments, …

§ 9702. Establishment of the Delaware Police Accreditation Commission. (a) The Delaware Police Accreditation Commission (hereinafter “the DPAC”) is hereby created. (b) The DPAC is comprised of the following 12 members serving by virtue of position, or a designee appointed by the …

§ 9703. Specific functions, bylaws. The purpose of the DPAC shall be to provide policy level direction and draft and implement state level police accreditation standards for matters related to accreditation. To that end, it shall: (1) Develop a statewide police accreditation prog…

§ 9801. Definitions [For application of this section, see 84 Del. Laws, c. 372, § 3]. For purposes of this chapter: (1) “DELJIS” means the Delaware Criminal Justice Information System. (2) “Firearm” means as defined in § 8571 of this title. (3) “Law-enforcement agency” means an a…

§ 9802. Voluntary Firearms Do-Not-Sell Registry [For application of this section, see 84 Del. Laws, c. 372, § 3]. (a) The Superintendent of the Delaware State Police shall create a Voluntary Firearms Do-Not-Sell Registry in which an applicant may voluntarily enroll for the purpos…

§ 9803. Penalties [For application of this section, see 84 Del. Laws, c. 372, § 3]. (a) A person who knowingly sells or transfers a firearm to an individual in violation of this chapter is guilty of a class A misdemeanor. A second or subsequent offense by an individual is a class…

§ 9804. Nondiscrimination [For application of this section, see 84 Del. Laws, c. 372, § 3]. A person may not discriminate against any individual with respect to health-care services, employment, education, housing, insurance, governmental benefits, or contracting because that per…

§ 9805. Rules and regulations [For application of this section, see 84 Del. Laws, c. 372, § 3]. The Superintendent may promulgate rules and regulations necessary to administer and enforce this chapter. 84 Del. Laws, c. 372, § 1;

§ 9901. Family Justice Centers; established [For application of this section, see 84 Del. Laws, c. 508, § 2]. (a) Family Justice Centers are hereby established and located within the Criminal Justice Council. (b) The Family Justice Center Council established under § 9906 of this …

§ 9902. Definitions [For application of this section, see 84 Del. Laws, c. 508, § 2]. For the purposes of this chapter: (1) “Abuse” means as defined in § 1041 of Title 10. (2) “Council” means the Family Justice Center Council set forth in § 9906 of this title. (3) “Domestic viole…

§ 9903. Mission [For application of this section, see 84 Del. Laws, c. 508, § 2]. Family Justice Centers provide multi-agency and multidisciplinary support and services to victims or survivors of domestic violence, abuse, sexual assault, stalking, and human trafficking, to ensure…

§ 9904. Executive Director; powers and duties [For application of this section, see 84 Del. Laws, c. 508, § 2]. (a) The Executive Director shall report to the Council. For matters involving anything that may affect the Criminal Justice Council’s budget, the Executive Director sha…

§ 9905. Victims’ rights; privacy [For application of this section, see 84 Del. Laws, c. 508, § 2]. (a) Nothing in this chapter is intended to or may be used to abrogate existing laws regarding privacy or information sharing. Family Justice Center staff members, volunteers, or oth…