SB314 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Last action: 2026-06-30
Official status: SS 1 for SB 314 - Reported Out of Committee (Administration) in House with 5 On Its Merits
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.

What This Bill Does

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.
This bill modernizes the Rape Shield provisions in Title 11 of the Delaware Code, § 3509 and provides that in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any evidence that the complaining witness made a false accusation of unlawful sexual conduct against any person on another occasion is inadmissible unless it complies with the procedure set forth in § 3508 of Title 11, is relevant and is material to a fact in issue in the case, and the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence.
Under Title 11, § 3508, if evidence of the sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness the following procedure shall be followed: (1) The defendant shall make a written motion to the court and prosecutor stating that the defense has an offer of proof concerning the relevancy of evidence of the sexual cond

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-06-30 Delaware General Assembly
SS 1 for SB 314 - Reported Out of Committee (Administration) in House with 5 On Its Merits
2026-06-24 Delaware General Assembly
SS 1 for SB 314 - Assigned to Administration Committee in House
2026-06-23 Delaware General Assembly
SS 1 for SB 314 - Passed By Senate. Votes: 21 YES
2026-06-17 Delaware General Assembly
SS 1 for SB 314 - Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits
2026-06-16 Delaware General Assembly
Substituted in Senate by SS 1 for SB 314
2026-05-11 Delaware General Assembly
Introduced and Assigned to Judiciary Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.
This bill modernizes the Rape Shield provisions in Title 11 of the Delaware Code, § 3509 and provides that in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any evidence that the complaining witness made a false accusation of unlawful sexual conduct against any person on another occasion is inadmissible unless it complies with the procedure set forth in § 3508 of Title 11, is relevant and is material to a fact in issue in the case, and the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence.

Under Title 11, § 3508, if evidence of the sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness the following procedure shall be followed:
(1) The defendant shall make a written motion to the court and prosecutor stating that the defense has an offer of proof concerning the relevancy of evidence of the sexual cond