Delaware General Assembly

Stricken 6/29/21

The General Assembly has ended, the current status is the final status.

SB 147

6/28/21

Dorsey Walker

This Amendment changes “under the circumstances” to “under the totality of the facts and circumstances”. This Amendment also makes clear that “totality of the facts and circumstances” may include all relevant information, rather than any one factor. Though the admissibility of evidence is within the purview of the Delaware Courts, nothing under this Act should be construed to exclude evidence of the defendant’s mental health and intellectual functioning, prior victimization, and knowledge or awareness of the victim’s past acts of violence, if any such evidence is relevant in a given case.

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