Title 10 — Courts and Judicial Procedure

§ 6915. Returning writ and producing body; violations and penalties; compelling production. (a) If any officer or person to whom the writ of habeas corpus is directed, or any deputy of such officer, or agent of such person, neglects to return the writ and produce the body as requ…

§ 6916. Evasion of writ; penalty. Whoever, having in his or her custody or under his or her power, any person entitled to a writ of habeas corpus, whether any writ has been issued or not, with intent to elude the service of such writ, or to avoid the effect thereof, transfers the…

§ 6917. Rearrest of discharged person for same offense; exceptions. No person who has been discharged on a habeas corpus shall be again imprisoned or restrained for the same cause, unless the person is indicted therefor, or convicted thereof, or committed for want of bail by some…

§ 6918. Costs and fees. The costs in any proceeding under this chapter may be ordered to be paid by the county or otherwise. If the commitment is insufficient, the justice or officer who made it shall have no compensation for attendance.Code 1852, § 2559; Code 1915, § 4490; Code …

§ 7001. Short title. This chapter is to be known and may be cited as the “Delaware Wrongful Conviction Compensation and Services Act.”84 Del. Laws, c. 427, § 1;

§ 7002. Declaration of purpose. The State recognizes that certain individuals have served sentences of incarceration, parole, probation, and sex offender registration in the State for crimes they did not commit, and that such individuals have been denied compensation for their wr…

§ 7003. Definitions. When used in this chapter: (1) “Conviction” means as defined under § 222 of Title 11. “Conviction” also includes a case in which a person is adjudicated delinquent under § 1002 of this title. (2) “Defendant” means a defendant in a criminal case or a responden…

§ 7004. Cause of action against the State for wrongful conviction. (a) Who may bring. — An individual claiming wrongful conviction, or the heirs of the individual if the individual is deceased, may bring a petition for an award and other relief against the State, as set forth in …

§ 7005. Remedies awarded on a successful claim for wrongful conviction. (a) Damages. — A petitioner who prevails on a cause of action under § 7004 of this title shall be awarded the following categories of damages: (1) Noneconomic damages arising from the wrongful conviction, inc…

§ 7006. Notice. A court entering a dismissal or judgment of acquittal after a defendant’s criminal conviction has been overturned, vacated, or reversed shall provide a copy of this chapter to the defendant at the time of entry of the dismissal or acquittal. The defendant must ack…

§ 7007. Time to file. (a) Statute of limitations. — A petition under § 7004 of this title must be brought within 6 years after the provision of notice as required in § 7006 of this title. (b) Pre-Enactment Claims. — A petitioner who was incarcerated, placed on probation or parole…

§ 7008. Wrongful Conviction Compensation Fund. (a) The Wrongful Conviction Compensation Fund ( “Fund” ) is created as a separate fund in the Office of the State Treasurer. (b) The State Treasurer may receive money or other assets from any source for deposit into the Fund. (c) The…

§ 7009. Eligibility for services for individuals released after conviction overturned. (a) An individual released from incarceration as the result of the reversal, overturning, or vacation of a conviction(s) is eligible for and entitled to, and the State shall provide, all of the…

§ 7010. Construction of chapter. This chapter and the regulations promulgated under it must be construed liberally to effectuate the legislative intent and as complete authority for the performance of each act and thing authorized in the chapter.84 Del. Laws, c. 427, § 1;

§ 7101. Short title. This chapter shall be known as and may be cited as the “Criminal Nuisance Abatement Act”.72 Del. Laws, c. 484, § 1; 78 Del. Laws, c. 161, § 2;

§ 7102. Purpose; construction. (a) This chapter shall be liberally construed and applied so as to promote its underlying purposes, which are: (1) To authorize temporary and permanent abatement relief and other remedies to abate any criminal nuisance as defined herein; (2) To elim…

§ 7103. Definitions. As used in this chapter, unless the context indicates differently: (1) “Adverse impact” means the presence of 1 or more of the following conditions: a. Diminished real property value related to nuisances associated with drug activity, illegal firearms or proj…

§ 7104. Maintaining a criminal nuisance. Any person, including but not limited to any owner, agent, employee or lessee, who uses occupies, establishes, promotes, permits, facilitates, or conducts a criminal nuisance, or aids or abets therein, shall be liable for maintaining a cri…

§ 7105. Action to abate criminal nuisance. (a) Whenever a criminal nuisance exists and it adversely impacts the community, the Attorney General may bring an action to abate a criminal nuisance under this title to obtain temporary and permanent abatement relief under §§ 7111 and 7…

§ 7106. Jurisdiction; complaint; notice of lis pendens. (a) Any action under this chapter shall be brought in the Superior Court of the county in which the property is located. (b) At or before the commencement of the action a verified complaint alleging the facts constituting th…

§ 7107. Affirmative defenses. It shall be an affirmative defense for the owner or landlord to establish, by a preponderance of the evidence, that said owner or landlord attempted to abate the alleged criminal nuisance prior to receiving notice in writing of the State’s intent to …

§ 7108. Notice to interested parties. (a) A complaint initiating an action pursuant to this chapter shall be personally served and notice to all in personam defendants shall be provided in the same manner as serving complaints in civil actions. Where the in personam defendant is …

§ 7109. Substitution of plaintiff [Repealed].72 Del. Laws, c. 484, § 1; repealed by 78 Del. Laws, c. 161, § 14, eff. Aug. 3, 2011.;

§ 7110. Delay and dismissal of actions. (a) All actions brought pursuant to this chapter shall be heard by the Court on an expedited and priority basis. The Court shall not grant a continuance except for compelling and extraordinary reasons, or upon the application of the Attorne…

§ 7111. Temporary abatement hearing; order; procedure. (a) To bring a civil action for abatement relief pursuant to this chapter, the Office of the Attorney General, or any other person authorized, may file a complaint seeking temporary relief by alleging that the premises consti…

§ 7112. Enforcing ex parte and temporary abatement orders. (a) Upon order of the Court, ex parte closing orders and temporary abatement orders shall be enforced by the appropriate police agency having jurisdiction over the area where the premises are located. (b) The officers ser…

§ 7113. Permanent abatement for all criminal nuisance actions; hearing; admissible evidence. (a) An action, when brought under this chapter, shall be noticed for trial at a time to be fixed by the Superior Court. (b) In the action evidence of the general reputation of the place, …

§ 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions. (a) In case the existence of facts, circumstances and/or conditions that would constitute any criminal nuisance is established in a criminal proceeding in any court of competent jurisdiction, the…

§ 7115. Lease void if building used for criminal nuisance. Notwithstanding any law, rule or regulation to the contrary, if a tenant or occupant of a building or tenement, under a lawful title, is found after a hearing at which the tenant or occupant has appeared to have used such…

§ 7116. Civil penalty [Repealed].59 Del. Laws, c. 257, § 1; 72 Del. Laws, c. 484, § 1; repealed by 78 Del. Laws, c. 161, § 21, eff. Aug. 3, 2011.;

§ 7117. Immunity [Repealed].59 Del. Laws, c. 257, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 484, § 1; repealed by 78 Del. Laws, c. 161, § 22, eff. Aug. 3, 2011.;

§ 7118. Notification and provision of treatment resources. (a) The officers serving a closing order involving a criminal nuisance as defined in § 7103(5)(a) of this title shall provide outreach information and referral materials to all residents present on how to obtain alcohol a…

§ 7119. Premises involving multiple residences or businesses. (a) Where the premises constituting the criminal nuisance includes multiple residences, dwellings or business establishments, a temporary or permanent closing order issued pursuant to any provision of this chapter shal…

§ 7120. Defense application to vacate or modify closing order prior to trial [Repealed].72 Del. Laws, c. 484, § 1; 70 Del. Laws, c. 186, § 1; repealed by 78 Del. Laws, c. 161, § 27, eff. Aug. 3, 2011.;

§ 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur. (a) Where the Court after trial determines that a premises or appropriate portion or portions thereof pursuant to § 7111 of this title constitutes a nuisan…

§ 7122. Standard of proof. Except as may otherwise be expressly provided, the civil causes of action established in this chapter shall be proved by a preponderance of the evidence.72 Del. Laws, c. 484, § 1;

§ 7123. Admissibility of evidence to prove criminal nuisance. (a) In any action involving any criminal nuisance, evidence of the general reputation of the place or an admission or finding of guilty of any person under the criminal laws at any such place is admissible for the purp…

§ 7124. Relationship to criminal proceedings. A civil action may be brought and maintained pursuant to this chapter, and the Court may find the existence of a criminal nuisance, notwithstanding that an event or events used to establish the existence of the criminal nuisance have …

§ 7125. Release of premises upon inspection or repair. (a) Unless the Court expressly orders otherwise, no premises or portion thereof ordered to be closed pursuant to any provision of this chapter shall be released or opened unless it has been inspected by the appropriate licens…

§ 7126. Penalties. (a) Where the Court after trial finds that a premises is a criminal nuisance, the Court in addition to granting appropriate abatement relief shall impose a civil penalty against a defendant who knowingly conducted, maintained, aided, abetted or permitted the cr…

§ 7127. Settlements. (a) Nothing in this chapter shall be construed in any way to prevent the parties to the action at any time before or after trial from negotiating and agreeing to a fair settlement of the dispute, subject to the approval of the Court. Any such settlement, once…

§ 7128. Recovery of costs. (a) Whenever an action for abatement relief or penalties brought pursuant to this chapter terminates in a settlement or judgment favorable to the plaintiff, the plaintiff and any other governmental entity shall be entitled to recover the actual cost of …

§ 7129. Contempt. (a) Any person who knowingly violated any order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt under §§ 1271 and 1272 of Title 11. Nothing in this chapter shall be construed in any way to preclude o…

§ 7130. Cumulative remedies. The causes of action and remedies authorized by this chapter shall be cumulative with each other and shall be in addition to, not in lieu of, any other causes of action or remedies which may be available at law or equity. Further, nothing herein shall…

§ 7131. Liability for damage to closed properties. (a) A court-ordered closing of a premises or portion thereof pursuant to this chapter shall not constitute an act of possession, ownership or control by the Court, the plaintiff or any government official or entity responsible fo…

§ 7132. Civil immunity. Any person or entity who, in good faith, institutes, participates in, testifies in, or encourages any person or entity to institute, participate in or testify in a civil action brought pursuant to this chapter or who in good faith provides any information …

§ 7133. Civil action for damages resulting from criminal nuisance. (a) Notwithstanding the provisions of § 7105 of this title, any person damaged in his or her business or property by reason of a criminal nuisance may bring a separate civil action for actual damages in the Superi…

§ 7134. Presumptions. (a) The person in whose name the premises involved is recorded in the recorder of deeds office shall be presumed to be the owner thereof. (b) Whenever there is evidence that a person was the manager, operator, supervisor or was in any other way in charge of …

§ 7201. Purpose. Sexual violence is heinous. Perpetrators of sexual violence inflict humiliation, degradation, and terror on victims. Rape is recognized as a significantly under reported crime. Victims who do not report the crime of rape or other sexual violence nevertheless desi…

§ 7202. Definitions. As used in this chapter: (1) “Firearm” means as defined in § 222 of Title 11. (2) “Law-enforcement officer” means as defined in § 222 of Title 11. (3) “Non-consensual” means “without consent” as defined under § 761 of Title 11. (4) “Non-physical contact” mean…