§ 9424. Additional rights and services.
§ 9424. Additional rights and services. (a) A victim or witness with a cognitive disability is entitled to an explanation, in language the victim or witness understands, of all legal proceedings in which the victim or witness is to be involved. (b) A victim or witness with a cognitive disability is entitled to be accompanied, […]
§ 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 […]
§ 9423. Expedited proceedings.
§ 9423. Expedited proceedings. In all criminal proceedings involving a victim or witness 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 or witness must endure the stress of the victim’s or witness’s involvement in the […]
§ 9408. Prompt return of property.
§ 9408. Prompt return of property. The agency holding the property shall promptly return the property to the victim when it is no longer needed for evidentiary purposes unless it is contraband or subject to forfeiture. 68 Del. Laws, c. 445, § 1; 69 Del. Laws, c. 167, § 1;
§ 9409. Limitations on employer.
§ 9409. Limitations on employer. An employer may not discharge or discipline a victim or a representative of the victim for: (1) Participation at the prosecutor’s request in preparation for a criminal justice proceeding; (2) Attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim; or […]
§ 9410. Information from law-enforcement agency.
§ 9410. Information from law-enforcement agency. At the initial contact between the victim of a reported crime and the law-enforcement agency having responsibility for investigating that crime, that agency shall promptly give in writing to the victim: (1) An explanation of the victim’s rights under this chapter; (2) Information concerning the availability of social service […]