Crime Victims’ Bill of Rights

Del. Code tit. 11, ch. 94
in effect

Del. Code tit. 11, § 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 Chapter 5 of this title. 2. An offense under § 811, § 820, § 823, § 840, § 841, § 848, § 851, § 861, § 900, or § 903 of this title. c. Under Subpart A of subchapter V of Chapter 5 of this title, an offense relating to children or a vulnerable adult. d. An offense relating to judicial or similar proceedings under § 1261, § 1263, § 1263A, § 1264, § 1271, or § 1271A of this title. e. An offense against public health, order or decency under § 1311 through § 1313, or § 1339 of this title. f. Noncompliance with conditions of release bond under § 2113 of this title. g. Intimidation of a victim or witness under § 3532 or § 3533 of this title. h. Under § 4176A of Title 21, operation of a vehicle causing death. i. Any offense when any of the following apply: 1. The act was committed against an individual who is in a protected class as defined in § 1041(2) of Title 10. 2. The conduct constitutes abuse under § 1041(1) of Title 10. 3. The conduct is grounds for a sexual violence protective order under Chapter 72 of Title 10. (2) a. “Individual with a cognitive disability” means an individual with a cognitive disability as “cognitive disability” is defined in § 761 of this title. b. “Individual with a cognitive disability” does not include an individual with a cognitive disability accused of committing a felony, however, at the court’s discretion, “individual with a cognitive disability” may include any of the following: 1. An individual with a cognitive disability when the individual’s participation in a felony appears to have been induced, coerced, or unwilling. 2. An individual with a cognitive disability who participated in the felony, but who has subsequently and voluntarily agreed to testify on behalf of this State. (3) “Law-enforcement agency” means any of the following: a. A police department. b. The Department of Justice. c. The Department of Correction, including Probation and Parole. (4) “Member of the victim’s family” means a spouse, child, stepchild, parent, stepparent, or sibling. “Member of the victim’s family” does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan. (5) “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or any other legal entity. (6) a. “Representative of a victim” means any of the following: 1. An individual designated by the victim or by a court. 2. A. If the victim is deceased, a member of the victim’s family, except if paragraph (6)a.2.B. of this section applies. B. If the deceased victim is a child and a sibling of the victim is in the custody of the Department of Services for Children, Youth and their Families (DSCYF) under Chapter 25 of Title 13, DSCYF or the sibling’s attorney appointed under § 9007A of Title 29. 3. The parent, guardian, or custodian of a victim who is unable to meaningfully understand or participate in the proceedings because the victim is a child or an individual with a physical, psychological, or mental impairment. 4. If the victim is a child in the custody of the DSCYF under Chapter 25 of Title 13, DSCYF or the child’s attorney appointed under § 9007A of Title 29. b. “Representative of a victim” does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan. (7) “Sex offense” means all offenses under Chapter 5, subchapter II, Subpart D of this title. (8) “Supervisor” means an employee or official of an agency who has legal authority to issue directives to subordinate employees or officials. (9) “Victim” means the victim of a crime and includes all of the following: a. The person identified as the victim of a crime in a police report, a criminal complaint or warrant, an indictment or information or other charging instrument; or b. The representative of a victim. (10) “Victim advocate” means an individual who is an employee or in a formal volunteer role with a victim services agency to provide victim services to victims and includes victim services professionals. (11) “Victim services” means any of the following, including by referral to another entity: a. Crisis intervention services, including a crisis hotline. b. Emergency assistance, which includes food, shelter, housing assistance, clothing, financial assistance, and legal assistance. c. Orientation to and information about the criminal justice system, including court proceedings. d. Information about legal rights, protections, and the criminal justice process. e. Trauma-informed counseling. f. Advocacy regarding legal protection provided to victims of crime, including legal assistance. g. Assistance with understanding and completing civil court documents. h. Assistance with an application to the Victims’ Compensation Assistance Program. i. Assistance with safety planning. j. Support during any meeting, process, or proceeding necessary as a result of the crime. (12) “Victim services agency” means a public or private organization that provides victim services. (13) “Victim services professional” means an individual who is employed by a law-enforcement agency to provide victim services. (14) a. “Witness” means an individual for whom any of the following apply: 1. Has knowledge of the existence or nonexistence of any fact related to any crime. 2. Has reported any crime to a law-enforcement officer or probation officer. 3. Has been designated for service with a subpoena. 4. Would be believed by any reasonable person to be an individual under paragraphs (14)a.1. through (14)a.3. of this section. b. “Witness” does not include a law-enforcement officer or probation officer in the performance of their official duties. (15) The following terms mean as defined in § 4701A of Title 29: a. “Biological sample.” b. “Deoxyribonucleic acid” or “DNA.” c. “DNA profile.” d. “Sexual assault kit” or “SAK.”

Del. Code tit. 11, § 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 complaints of noncompliance with this chapter. (2) A complaint under paragraph (a)(1) of this section may be filed by the victim, witness, or by an individual on behalf of a victim or witness. (3) a. At the conclusion of the investigation of a complaint under paragraph (a)(2) of this section, the law-enforcement agency shall send the complainant a written summary of the investigation that states whether or not the law-enforcement agency complied with this chapter. b. If the law-enforcement agency finds that it complied with this chapter, the written summary under paragraph (a)(3)a. of this section must include information regarding how a complaint against the law-enforcement agency may be made to the Department of Justice. (b) (1) The failure to comply with this chapter does not create a claim for damages against a government employee, official, or entity. (2) In addition to the administrative remedy under subsection (a) of this section, the sole civil or criminal remedy available to a victim or witness for a law-enforcement agency’s failure to fulfill its responsibilities under this chapter is standing to file a writ of mandamus under § 564 of Title 10 to require compliance with those requirements. (c) (1) The failure to provide a right, privilege, or notice to a victim or witness under this chapter does not affect the validity of an agreement between the State and the defendant or of an amendment, dismissal, plea, pretrial diversion, or other disposition of the case. (2) A defendant or person accused or convicted of a crime against the victim does not have standing to object to any failure to comply with the requirements under this chapter.

Del. Code tit. 11, § 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 the victim or a member of the victim’s family, except as allowed under paragraph (1)d. of this section. b. A court may not compel a victim or a member of the victim’s family testifying in a criminal proceeding to disclose their residential address, school, or place of employment on the record unless allowed under paragraph (1)d. of this section. c. The information about a victim or a member of the victim’s family under paragraphs (1)a. and (1)b. of this section is not a public record under the Freedom of Information Act, Chapter 100 of Title 29. d. A law-enforcement agency may disclose, or a court may compel testimony about, the information under paragraphs (1)a. through (1)b. of this section if any of the following apply: 1. The individual waives confidentiality in writing. 2. The individual’s residential address, school, or place of employment is the site of the crime. 3. A. Disclosure of the information is required by law or the Rules of Criminal Procedure, necessary for law-enforcement purposes, or a court finds that there is good cause and the disclosure is necessary. B. To alert a school district or charter school, under § 8502(8)e. of this title, that a minor child or a child that has reached the age of 18 that continues to be enrolled in high school has been identified at the scene of a traumatic event. (2) To the expeditious disposition of the criminal action. a. The court shall consider the interest of the victim in a speedy prosecution. b. If the victim is a child, the trial must be expedited, especially if the case involves child abuse or child sexual abuse. c. If the victim is an individual with a cognitive disability, the court and the prosecution shall take appropriate action to ensure a prompt trial in order to minimize the length of time the victim must endure the stress of the victim’s involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance might have on the well-being of any victim who is an individual with a cognitive disability. (3) To be safe. a. A law-enforcement agency shall provide information to a victim about the procedures to follow if the victim is threatened, intimidated, or harassed. b. The court shall provide a waiting area for a victim that is separate and secure from the defendant, defendant’s relatives, and defense witnesses if available and the use of the area is practicable. If a separate and secure waiting area is not available or practicable, the court shall provide other safeguards to minimize the victim’s contact with the defendant, defendant’s relatives, and defense witnesses during proceedings. c. When attending proceedings at a court, a victim has the right to express safety concerns and to request reasonable measures to ensure their safety, including modifications to standard practices, policies, and procedures. d. A law-enforcement agency must provide a victim notice of the availability of information concerning pretrial release. e. Postconviction, a victim has a right to notice of the defendant’s projected release date and actual date of release or release to a community-based program. (4) a. To confer with the prosecutor. b. If the victim is an individual with a cognitive disability, to an explanation, in language the victim understands, of all proceedings in which the victim will be involved. (5) To review the portions of recordings derived from body-worn cameras that includes statements made by the victim. (6) To be present at all stages of criminal proceedings for the crime under § 3512 of this title. a. A victim must be promptly informed of the date, time, and place of each proceeding at which the victim has a right to be present or if a proceeding has been rescheduled, unless the victim requests that notice of proceedings not be provided. b. A member of the victim’s family has the right to attend proceedings with the victim. c. A victim may designate another individual to attend proceedings if the victim chooses not to attend. d. At the victim’s request, the court shall permit the presence of an individual to provide support to the victim at a proceeding unless the court determines that the exclusion of the individual is necessary to protect the defendant’s right to a fair trial. e. If the victim is an individual with a cognitive disability, the individual who attends the proceedings under paragraph (6)d. of this section may advise the judge, when appropriate, as a friend of the court, regarding the victim’s cognitive disability and the victim’s ability to understand proceedings and questions. (7) To be notified of significant developments regarding the defendant or the case, including any of the following: a. If the Department of Justice chooses not to pursue prosecution and the legal basis for the decision. b. Any appeal or request for postconviction remedy, information about related hearings, and the decision from any such hearing. c. If there is a change or a pending change in the defendant’s custody status. (8) To have a voice in the sentencing and postsentencing process, including all of the following: a. To confer with the Investigative Services Officer during a presentence investigation under § 4331 of this title. b. To be present at sentencing and to make a statement. This statement may be made in addition to the statement under § 4331 of this title. c. To address, in writing or in person, the Board of Parole under § 4347 of this title and the Board of Pardons under § 4361 of this title. (9) a. If available, to have a victim advocate present with them during all of the following: 1. A medical exam. 2. Meetings with law-enforcement, including when reporting and during interviews. 3. Trial preparation. 4. Court appearances, including a hearing for a Protection From Abuse or Sexual Violence Protective order, a trial and ancillary discussions, or sentencing. 5. A hearing of the Board of Parole or the Board of Pardons. b. Paragraph (9)a. of this section means that a victim advocate cannot be prohibited from attending with a victim if the victim requests that the victim advocate attend. c. Paragraph (9)a. of this section does not require that a law-enforcement agency or victim services agency make a victim advocate available to attend an event with a victim. (10) To the prompt return of property from a law-enforcement agency when the property is no longer needed for evidentiary purposes unless the property is illegal or subject to forfeiture. (11) a. To information about victim services. b. If a victim is an individual with a cognitive disability, the victim’s family is also entitled to the information under paragraph (11)a. of this section and to specific information regarding coping with the emotional impact of the crime and the subsequent proceedings in which the victim will be involved. (12) a. To notice of the rights of victims under this chapter. b. To file a complaint against the law-enforcement agency under § 9402 of this title for non-compliance with this chapter.

Del. Code tit. 11, § 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 persons who are victims of crimes to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system. (b) If an individual is a victim of a crime, a law-enforcement officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant or a valid court order.

Del. Code tit. 11, § 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 applies to the case connected to the SAK. (2) Upon receipt of a sexual assault kit, the investigating law-enforcement agency shall do all of the following as soon as possible: a. Contact the Division of Forensic Science to schedule an appointment to discuss the evidence collected and what will be submitted for testing. b. Submit the SAK, and any additional evidence, to the Division of Forensic Science under § 4713A(a) of Title 29. (b) Upon the request of a victim or the victim’s designee, the law-enforcement agency that is investigating the victim’s case shall inform the victim of any of the following: (1) The location of biological samples, including the sexual assault kit, from the victim’s case. (2) The status of the DNA testing of the biological samples from the victim’s case. (c) A law-enforcement agency shall respond to the victim’s request under subsection (b) of this section as soon as possible, but no more than 7 calendar days after the request. (d) In addition to the rights provided under §§ 9402 through 9404 of this title, a victim has the following rights: (1) To be informed by the law-enforcement agency handling the case whether a DNA profile was obtained from the testing of the biological sample. (2) To be informed whether the DNA profile developed from the biological evidence has been entered into the State DNA Index System (SDIS) or the National DNA Index System (NDIS) under § 4713 or § 4713A of Title 29. (3) To be informed whether there is a match between the DNA profile developed from the biological sample and a DNA profile contained in SDIS or NDIS, if this disclosure would not impede or compromise an ongoing investigation. (e) (1) If a law-enforcement agency or the Division of Forensic Science intends to destroy or dispose of a biological sample from an unsolved sexual assault case, the law-enforcement agency must provide the victim with written notice of the intent to destroy or dispose of the evidence at least 20 days before the evidence is destroyed or disposed. (2) The written notice under paragraph (e)(1) of this section must explain that the victim may request that the biological sample or its probative contents be preserved and how the victim can make that request. (3) If a victim requests that the biological sample or its probative contents be preserved, the law-enforcement must not destroy or dispose of the evidence. (4) Paragraphs (e)(1) through (e)(3) of this section do not apply to information expunged under § 4713(i) of Title 29. (f) A sexual assault victim may designate a sexual assault victim advocate, or other support person of the victim’s choosing, to act as a recipient of the information a law-enforcement agency is required to provide under this section.

Del. Code tit. 11, § 9406 Safety of victim [Transferred].

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

Del. Code tit. 11, § 9407 Presence at court proceedings; notice [Transferred].

Transferred to § 9403 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

Del. Code tit. 11, § 9408 Prompt return of property [Transferred].

Transferred to § 9403 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

Del. Code tit. 11, § 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 reasonably necessary to protect the interests of the victim. (3) Attendance at a proceeding in response to a subpoena. (b) An employer must comply with other applicable laws protecting victims or witnesses, including all of the following: (1) For a subpoenaed school employee under § 1318(f)(2)a. of Title 14. (2) For a victim of domestic violence, a sexual offense, or stalking under § 711(i) of Title 19.

Del. Code tit. 11, § 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 following: (1) A copy of the initial incident report with the explanation of a victim’s rights created under § 9414 of this title. (2) Notice of the availability of a victim service unit within the Department or, in the absence of a unit within that law-enforcement agency, the availability of the Statewide Victim Center. (3) Information about the Victims’ Compensation Assistance Program under Chapter 90 of this title. (4) How the victim can obtain the information about the status of any arrest or pretrial release. (5) The procedures that the victim may follow if threatened, intimidated, or if the defendant fails to comply with conditions of bail or custody. (6) How to file a complaint under § 9402(a) of this title. (b) Before speaking with a victim, a victim services professional must inform a victim if the victim services professional is required to share information disclosed by the victim that is relevant to the investigation and to whom that information must be disclosed.

Del. Code tit. 11, § 9411 Information from the Department of Justice; responsibilities.

The Department of Justice shall make a reasonable attempt to notify a victim of all of the following information, if the information is applicable to the victim: (1) All of the victim’s rights under this chapter, including how to access the website under § 9414(d) of this title. (2) A statement of the procedural steps in the processing of a criminal case. (3) Procedures if the victim is threatened or harassed. (4) Victim compensation information. (5) A decision to decline prosecution and the legal basis for the decision. (6) The right to be present at all stages of proceedings for the crime under § 3512 of this title. (7) The right of the victim to request the attendance of a victim advocate under § 9403(9) of this title with the victim. The Department must prioritize attendance by a victim advocate when any of the following apply: a. The victim is a child. b. The victim is an individual with a cognitive disability. (8) The right of the victim to consult with the prosecutor about the disposition of the case, including the victim’s views on dismissal, plea negotiations, or a diversion program. a. In felony cases, reasonable attempts to notify a victim of the terms of any plea or resolution must be communicated in advance of the plea being offered. b. In misdemeanor cases, victims must be provided notice that pleas may be negotiated at case review hearings. (9) Notice of the scheduling of court proceedings and changes including trial date, case review, and sentencing hearings. (10) Notice of the crime or crimes of which the defendant is convicted. (11) Notice of the specifics of any sentencing order. (12) Notice of sentence reduction or modification order. (13) Notice of any appeal or request for postconviction remedy, information about related hearings, and the decision from any such hearing.

Del. Code tit. 11, § 9412 Information concerning appeal or postconviction remedies [Transferred].

Transferred to § 9411 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

Del. Code tit. 11, § 9413 Information concerning confinement.

(a) For purposes of this section, “department” means the Department of Correction or the Department of Services for Children, Youth and Their Families. (b) The department shall notify a victim of the following regarding a defendant in the department’s custody: (1) Projected release date. (2) Release or release to a community-based program. (3) A hearing date before the Board of Parole or the Board of Pardons. (4) Escape from the custody of the department. When making a notification under this paragraph (b)(4), the department shall immediately notify all victims of the defendant by telephone or in-person. (c) Upon the request of the victim, the the department shall provide the victim with the terms of a defendant’s probation, parole, or other condition of release and the defendant’s compliance or noncompliance with the sentence, probation, parole, or other conditions.

Del. Code tit. 11, § 9414 General requirements for information from law-enforcement agencies [For application of (c) and (d) of this section, see 85 Del. Laws, c. 142, § 13].

(a) (1) Unless the form of notice is specifically required, information required under this chapter may be provided verbally, electronically, or as printed material. (2) A victim is responsible for providing a law-enforcement agency with any changes to the victim’s contact information. (3) A victim may indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted. A law-enforcement agency must use the victim’s preferred method of contact when possible. (4) The Delaware Criminal Justice Information System (DELJIS) shall create a mechanism that allows law-enforcement agencies to provide notice required under this chapter by e-mail. (b) A person responsible for information required under this chapter must make all reasonable efforts to provide the information required under this chapter to victims, and may rely upon the most recent information provided by the victim. (c) (1) The Department of Justice shall create a summary of the rights under §§ 9403 through 9405 of this title. This summary must also include all of the following: a. The address of the website under subsection (d) of this section. b. Notice that the rights under this chapter do not always apply to a victim. c. A victim must provide changes in the victim’s contact information to a law-enforcement agency investigating or prosecuting the crime. (2) DELJIS must provide that the summary under paragraph (c)(1) of this section is printed on the last page of the victim’s copy of the initial incident report. (d) The Department of Justice shall maintain a website that provides information about all of the following: (1) The rights under this chapter explained in a user-friendly manner. At a minimum, the information required under this section must be provided as follows: a. In English and Spanish. b. In a format that is as accessible as possible for individuals with disabilities. (2) a. Victims services, including contact information for victim services personnel at each law-enforcement agency, Family Resource Centers, and as provided by each victim services agency. b. For the family of a victim with a cognitive disability about victim services, including specific information regarding coping with the emotional impact of the crime and the subsequent court proceedings in which the victim will be involved. (3) The Victims’ Compensation Assistance Program under Chapter 90 of this title. (4) The Address Confidentiality Act under subchapter II of Chapter 96 of this title. (5) Victim’s rights under § 4347 of this title when the defendant applies for parole and under § 4361 of this title when the defendant applies for a pardon. (6) The rights of witnesses under all of the following: a. Subchapter II of this chapter. b. Chapter 35 of this title. c. School employees under § 1318 of Title 14. d. Board of Pardons under § 4361 of this title. (7) Information about other rights a victim may have under state law, including all of the following: a. Chapter 35 of this title. b. For employees who are victims of domestic violence, a sexual offense, or stalking under § 711 of Title 19. c. For tenants who are victims of domestic violence, sexual assault, or stalking under § 5314 and § 5316 of Title 25.

Del. Code tit. 11, § 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 shall record that information in the report.

Del. Code tit. 11, § 9416 Consideration of victim impact statement at Board of Parole Hearing or Board of Pardons hearing [Repealed].

Del. Code tit. 11, § 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 summary of the results of investigations of complaints of noncompliance that includes all of the following: a. The number of investigations of complaints that found that the law-enforcement agency had complied with this chapter. b. The number of investigations of complaints that found that the law-enforcement agency failed to comply with this chapter. (3) Steps taken to increase compliance with this chapter, including steps taken in response to complaints listed under paragraph (a)(2)b. of this section. (4) If a law-enforcement agency cannot comply with a requirement under this chapter, the specific requirement that cannot be met and a detailed explanation of the reasons for noncompliance. (b) Beginning February 1, 2026, a law-enforcement agency shall submit the report required under subsection (a) of this section to the Criminal Justice Council (CJC) for the CJC’s annual report. (c) Beginning April 30, 2026, the CJC shall compile an annual report that provides all of the following: (1) The total number of complaints provided in the law-enforcement reports under paragraphs (a)(1) and (a)(2) of this section. (2) A list of steps taken by law-enforcement agencies to improve compliance with this chapter under paragraph (a)(3) of this section. (3) A list of requirements that cannot be met, as identified by law-enforcement agencies under paragraph (a)(4) of this section, and which law-enforcement agencies were unable to meet each requirement. (4) Any recommendations to strengthen the rights of victims or witnesses under this chapter or to improve law-enforcement compliance with this chapter. (5) An appendix with the reports submitted by law-enforcement agencies under subsection (b) of this section. (d) The CJC’s report under subsection (c) of this section shall be posted on the CJC’s website and submitted to the Governor, President Pro Tempore of the Senate and the Speaker of the House of Representatives, the Chief Clerk of the House and the Secretary of the Senate for distribution to all members of the General Assembly, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives.

Del. Code tit. 11, § 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 development in support of victim notification initiatives.

Del. Code tit. 11, § 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 investigation. (b) If a law-enforcement officer, prosecutor, or other government official violates subsection (a) of this section, the refusal of a victim to submit to a polygraph examination or other truth telling device does not prevent the investigation, charging, or prosecution of an alleged sex offense.

Del. Code tit. 11, § 9422 Definitions [Transferred].

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

Del. Code tit. 11, § 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 place of employment of a witness or a member of the witness’ family, except as allowed under paragraph (1)d. of this section. b. A court may not compel a witness or a member of the witness’s family testifying in a criminal proceeding to disclose their residential address, school, or place of employment on the record unless allowed under paragraph (1)d. of this section. c. The information about a witness or a member of the witness’s family under paragraphs (1)a. and (1)b. of this section is not a public record under the Freedom of Information Act, Chapter 100 of Title 29. d. A law-enforcement agency may disclose, or a court may compel testimony about, the information under paragraphs (1)a. and (1)b. of this section if any of the following apply: 1. The individual waives confidentiality in writing. 2. The individual’s residential address, school, or place of employment is the site of the crime. 3. A. Disclosure of the information is required by law or the Rules of Criminal Procedure, necessary for law-enforcement purposes, or a court finds that there is good cause and the disclosure is necessary. B. To alert a school district or charter school, under § 8502(8)e. of this title, that a minor child or a child that has reached the age of 18 that continues to be enrolled in high school has been identified at the scene of a traumatic event. (2) If the witness is a child, to an expedited trial, especially if the case involves child abuse or child sexual abuse. (3) If the witness is an individual with a cognitive disability, all of the following apply: a. The witness has a right to an explanation, in language the witness understands, of all legal proceedings in which the witness will be involved. b. The witness, and the witness’s family, to information about appropriate social services and programs to assist witnesses, specifically information regarding coping with the emotional impact of the crime and the subsequent court proceedings in which the witness will be involved. c. The court and the prosecution shall take appropriate action to ensure a prompt trial in order to minimize the length of time the witness must endure the stress of the witness’s involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact such delay or continuance might have on the well-being of a witness with a cognitive disability. d. The court shall provide a waiting area for a witness that is separate and secure from the defendant, defendant’s relatives, and defense witnesses if available and the use of the area is practicable. If a separate and secure waiting area is not available or practicable, the court shall provide other safeguards to minimize the witness’s contact with the defendant, defendant’s relatives, and defense witnesses during court proceedings. e. When attending proceedings at a court, a witness has the right to express safety concerns and to request reasonable measures to ensure their safety, including modifications to standard practices, policies, and procedures. f. At the witness’s request, the court shall permit the presence of an individual to provide support to the witness at a proceeding unless the court determines that the exclusion of the individual is necessary to protect the defendant’s right to a fair trial. g. If the witness is an individual with a cognitive disability, the individual who attends the proceedings under paragraph (3)f. of this section may advise the judge, when appropriate, as a friend of the court, regarding the witness’s cognitive disability and the witness’s ability to understand proceedings and questions. (4) To the prompt return of property from a law-enforcement agency when the property is no longer needed to evidentiary purposes unless the property is illegal or subject to forfeiture.

Del. Code tit. 11, § 9424 Additional rights and services [Transferred].

Transferred to § 9423 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

Del. Code tit. 11, § 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 witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for cooperating with the criminal justice system. (b) If an individual is a witness to a crime or can otherwise give evidence in a criminal investigation, a law-enforcement officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant or a valid court order.

Del. Code tit. 11, § 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 this section must include the address of the website under § 9414(d) of this title and at a minimum, must be in English and Spanish and in a format that is as accessible as possible for individuals with disabilities. (c) A law-enforcement agency must provide the information under this section to a witness.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c094/sc01/index.htmlFetched: 10/4/2026
Del. Code tit. 11, ch. 94 — Crime Victims’ Bill of Rights | Delaware Code — Delaware | Corpus