An Act To Amend Title 10 Of The Delaware Code Relating To Evidence And Witnesses.
Summary
HB213 creates a new statutory privilege in Delaware for confidential communications between a victim and a victim advocate. The bill defines who qualifies as a victim, a victim advocate, and a victim services agency, and it protects both oral communications and records created during the provision of victim services. The privilege belongs to the victim, may be asserted by the victim or certain representatives in limited circumstances, and generally continues even if the victim cannot be reached, ending only by written waiver or the victim’s death.
The bill also sets out exceptions and procedures for when the privilege does not apply or may be overcome. It allows disclosure in situations involving imminent serious harm, mandatory reporting obligations, and certain family/custody-related proceedings, and it creates a process for a criminal defendant to seek in camera review by showing the requested material is necessary, specific, relevant, and more probative than harmful to victim or advocate safety. The substitute bill further clarifies that law-enforcement agencies and the Department of Justice are not victim services agencies, and it grants good-faith immunity to advocates who disclose under the statute’s exceptions.
Impact
HB213 amends Title 10 of the Delaware Code, Chapter 43, by adding Section 4319A and establishing a legally recognized victim advocate privilege. This changes Delaware evidence law by limiting when victim-services communications and related records can be compelled in court, while also creating defined exceptions and a judicial review mechanism in criminal cases. The bill affects victims of crime, domestic violence, sexual offenses, abuse, stalking, and human trafficking, as well as victim advocates and victim services organizations.
Sentiment
The bill appears to have been received positively and without recorded opposition. It passed House Third Reading unanimously, 39-0, suggesting broad bipartisan support for strengthening confidentiality protections for victims seeking services. The substitute version also indicates an effort to refine the measure and address legal concerns while preserving the core privilege.
Contention
The main points of contention addressed in the bill are the scope of the privilege and how it can be pierced. The substitute clarifies that the privilege can be claimed only on behalf of the victim, excludes law-enforcement agencies and the Department of Justice from the definition of victim services agency, and adds a defendant-access procedure intended to mirror Delaware case law. Another area of concern is balancing victim confidentiality against public safety and defendants’ rights, which is why the bill includes exceptions for imminent harm, mandatory reporting, and certain custody or child-abuse proceedings.