Vote Smart's Synopsis:

Vote to pass a bill that specifies the rights of a victim of a crime in Delaware.

Highlights:

• Requires the Department of Justice to enforce compliance with this Act on behalf of victims, witnesses, and members of their family (Sec. 1).

• Specifies that a victim of a crime has all of the following rights (Sec. 1):

• To maintain the confidentiality of their personal information, unless;

• they waive that right;

• a personal address is the site of the crime; and

• or other information is pertinent to the criminal procedure;

• To the expeditious disposition of the criminal action;

• To be safe, including in all court proceedings;

• To confer with the prosecutor;

• To review the portions of recordings from body cameras that include statements made by the victim;

• To be present at all stages of criminal proceedings for the crime;

• To be notified of significant developments regarding the defendant or the case;

• To be present and heard from in the sentencing and post-sentencing process;

• To have a victim advocate present with them, if available, during the following;

• A medical exam;

• Meetings with law-enforcement;

• Trial preparation;

• Court appearances; and

• A hearing of the Board of Parole or the Board of Pardons;

• To the prompt return of legally owned property from a law-enforcement agency when the property is no longer needed for evidence;

• To information about victim services; and

• To notice of the rights of victims under this chapter.

• Prohibits law-enforcement officers from detaining the victim of a crime exclusively for any actual or suspected immigration violation or turning the victim over to federal immigration authorities (Sec. 1).

• Requires law-enforcement to provide the victim with the following information during first contact after the crime (Sec. 1):

• A copy of the initial incident report with the explanation of their rights;

• How they can obtain information about the status of any arrest or pretrial release;

• The procedures they can follow if threatened, intimidated, or if the defendant fails to comply with the conditions of bail/custody; and

• How to file a complaint under this Act.

• Requires the Department of Justice to notify the victim of the following information as applicable (Sec. 1):

• Their rights under this Act;

• The procedural steps in processing the criminal case;

• Procedures if they are threatened or harassed;

• Victim compensation information;

• Decisions to decline prosecution and the legal basis; and

• The scheduling of court proceedings and any changes.

• Specifies that a witness to a crime has all of the following rights (Sec. 1):

• To maintain confidentiality of their personal information;

• An expedited trial if the witness is a child;

• The following additional rights if the witness has a cognitive disability; and

• An explanation in a language they understand of all legal proceedings in which they will be involved;

• Information about appropriate social services and programs to assist witnesses;

• A separate waiting area from the defendant and other witnesses;

• To express safety concerns and request reasonable measures to ensure their safety; and

• A witness support individual;

• The prompt return of legally owned property from law-enforcement when it is no longer needed for evidence.

• Prohibits law-enforcement officers from detaining a witness of a crime exclusively for any actual or suspected immigration violation or turning the victim over to federal immigration authorities (Sec. 1).

• Specifies that a victim does not have the right to be present at a grand jury proceeding, or any other proceeding if the defendant shows good cause to exclude them (Sec. 5).

Full Bill Text