AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO EVIDENCE AND WITNESSES.

Plain English Breakdown

Checked against official source text during the last sync.

Creating a Privacy Rule for Victims and Advocates

This act creates rules to protect private conversations between victims of crimes and their advocates, allowing exceptions in cases like child abuse reports.

What This Bill Does

• Creates a rule that lets victims talk privately with victim advocates without others knowing what was said.
• Allows the victim to give up this privacy by signing a paper.
• Defines who can be a victim advocate: someone working for or volunteering at a victim services agency, after completing 20 hours of training.
• Says police and the Department of Justice are not part of victim services agencies.
• Explains when private conversations between victims and advocates can be shared, like if there's child abuse.

Who It Names or Affects

• Victims of crimes
• People who work as or volunteer for victim advocates

Terms To Know

victim advocate

A person who helps victims of crime, usually by giving them advice and support.

waiver

A paper that lets someone give up a right or privilege they have.

Limits and Unknowns

• Does not say when the new rules will start.
• Does not explain how to deal with situations not covered by the exceptions listed in the act.

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO EVIDENCE AND WITNESSES.
This Act creates a privilege for confidential communications between a victim and a victim advocate. The victim can waive the privilege with a signed waiver. The privilege may also be overcome in certain circumstances, including mandated reporting of child abuse, communications relating to the intent to commit a violent crime, and in state custody and child abuse cases. This Act defines a victim advocate as an employee of a victim services agency, or formal volunteer under the supervision of an employee of a victim services agency who has completed a minimum of 20 hours of advocacy training.

This substitute bill incorporates the change from HA1 to House Bill No. 213 regarding the exception for child abuse and state custody cases. It also explicitly excludes law-enforcement agencies and the Department of Justice from the definition of victim services agency. It clarifies that the victim advocate may claim the privilege but only on behalf of the victim. Finally, it adds a process and criteria for a defendant in a criminal case to overcome the privilege in certain circumstances. This is intended to mirror the exception to the therapist-client privilege articulated in Burns v. State, 968 A.2d 1012 (2009).