§ 9417. Requirement of state agencies to file annual reports.
§ 9417. Requirement of state agencies to file annual reports. All agencies given duties by this chapter shall submit an annual report with related statistics outlining compliance with this chapter. The annual report shall be submitted at the end of each calendar year to the Governor and to the Criminal Justice Council. Unless prevented by […]
§ 9418. Victims’ Rights Fund.
§ 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. 69 Del. Laws, c. […]
§ 9419. Rights of qualifying neighborhood or homeowners’ associations.
§ 9419. Rights of qualifying neighborhood or homeowners’ associations. (a) Residents of neighborhoods where illegal drug activity occurs shall collectively be entitled to all of the rights, privileges and notice requirements otherwise provided to victims under this chapter, provided that: (1) There exists within the residents’ neighborhood a neighborhood or homeowners’ association, which shall serve […]
§ 9404. Victim’s interest in speedy prosecution; child victim or witness.
§ 9404. Victim’s interest in speedy prosecution; child victim or witness. (a) The court shall consider the interest of the victim in a speedy prosecution. (b) Proceedings shall be expedited in cases involving a child victim or witness particularly in child abuse and sexual abuse cases. 68 Del. Laws, c. 445, § 1; 69 Del. […]
§ 9420. Polygraph testing of a victim.
§ 9420. Polygraph testing of a victim. (a) A law-enforcement officer, prosecuting officer or other government official shall not ask or require an adult, youth or child victim of an alleged sex offense as defined in Chapter 5, subchapter II, subpart D of this title, to submit to a polygraph examination or truth telling device […]
§ 9405. Prosecutor to confer with victim.
§ 9405. Prosecutor to confer with victim. Consistent with the duty to represent the interests of the public as a whole, the prosecutor shall confer with a victim before amending or dismissing a charge or agreeing to a negotiated plea or pretrial diversion. Failure of the Attorney General to confer with the victim does not […]
§ 9421. Legislative intent.
§ 9421. Legislative intent. The General Assembly finds that it is necessary to provide every victim and witness with a cognitive disability, particularly those whose disability renders them the emotional or mental equivalent of a child, with additional consideration and different treatment than that usually required for adult victims and witnesses who are not cognitively […]
§ 9406. Safety of victim.
§ 9406. Safety of victim. (a) The court shall provide a waiting area for victims separate from the defendant, defendant’s relatives and defense witnesses if such an area is available and the use of the area is practicable. If a separate waiting area is not available or practical, the court shall provide other available safeguards […]
§ 9422. Definitions.
§ 9422. Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Cognitive disability” means a developmental disability that substantially impairs an individual’s cognitive abilities including, but not limited to, delirium, dementia and […]
§ 9407. Presence at court proceedings; notice.
§ 9407. Presence at court proceedings; notice. (a) A victim or an individual designated by the victim may be present whenever a defendant has a right to be present during a court proceeding concerning the crime charged other than a grand jury proceeding, unless good cause can be shown by the defendant to exclude the […]