Synopsis
Senate Concurrent Resolution No. 99 (152nd General Assembly) created the Victims’ Bill of Rights Committee (VBR Committee) to perform a comprehensive review of the Victims’ Bill of Rights (VBR) and make recommendations to clarify the VBR, strengthen protections for victims, and ensure that state agencies have the necessary mechanisms, administration, and funding to successfully implement the VBR. To facilitate in-depth review and discussion, the VBR formed the following 4 subgroups: The Victim Safety Subgroup, The Rights of Special Victims Subgroup, The Victims’ Rights to Information and Notification Procedures Subgroup, and the Victims’ Compensation and Administration Subgroup. Like Senate Bill No. 17, Senate Substitute No. 1 for Senate Bill No. 17 revises the Victims’ Bill of Rights and the Victims’ Compensation Assistance Program based on the recommendations in the February 27, 2024, Victims’ Bill of Rights Committee Final Report. Senate Substitute No. 1 to SB 17 differs from SB 17 as follows: 1. Revises the definition of "individual with a cognitive disability" to reference the definition of “cognitive disability” in the Criminal Code, consistent with the standards of the Delaware Legislative Drafting Manual. 2. Requires that the summary of the victims’ rights be printed on the last page of the victim’s copy of the initial incident report instead of on the back. 3. Revises the language regarding the rights of victims and witnesses in regard to immigration status. 4. Requires that the notice published in the Register of Regulations under Section 14, that funds have been appropriated to implement the provisions under § 9414(a)(4) of Title 11, be provided by the Executive Director of the Delaware Criminal Justice Information System. Section 1 revises Chapter 94 of Title 11 (“this chapter”), the Victims’ Bill of Rights, by making technical changes for clarity and by adding substantive policy provisions that either codify existing practices or create new rights and responsibilities as follows: Substantive changes that establish the following new rights or responsibilities: 1. To extend these rights to more victims, adds additional offenses to the definition of "crime" for this chapter and includes any offense that is the basis for abuse, domestic violence, or a sexual violence protective order. 2. Adds a complaint process that a victim or witness can use if a law-enforcement agency fails to comply with this chapter. 3. Adds the victim’s or witness’s school to the personal information that must be kept confidential. 4. Provides victims the right to have a victim advocate present, if available, at all proceedings related to the crime. 5. Requires that victim services professionals 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. 6. Provides a right to review portions of recordings derived from body-worn cameras that includes statements made by the victim. 7. Provides a right to make a statement that is separate from the victim-impact statement under the pre-sentence report process. 8. Updates the manner in which victims receive notifications under this chapter by allowing law-enforcement agencies to send notifications electronically and requiring DELJIS to create the mechanism by which law-enforcement agencies can send these notifications by email. Victims will be able to indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted, and law-enforcement agencies must use the victim’s preferred method of contact when possible. 9. Requires that the Department of Justice create a website where the rights of victims and witnesses under this chapter are explained in a user-friendly manner, in English and in Spanish, and in a format that is as accessible as possible for individuals with disabilities. This