CHAPTER 318
FORMERLY
SENATE BILL NO. 309
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 94, TITLE 11 OF THE DELAWARE CODE RELATING TO VICTIMS' BILL OF RIGHTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 94 of Title 11, Delaware Code, by striking
the
phrase to
the
extent practicable" as it appears in Sections 9405; 9410; 9411(a) and (b); 9413(a); 9416(a) and (b).
Section 2. Amend Section 9417, Title 11, of
the
Delaware Code by adding
the
following sentence after the sentence ending with "Criminal Justice Council."
"Unless prevented by
the
failure of a victim to cooperate by furnishing a current address and telephone number, an agency shall make all reasonable efforts to provide notification and participation rights to victims."
Section 3. Amend Section 9407(b) of Title 11, Delaware Code, by striking it in its entirety and by inserting in lieu thereof:
"(b) The victim shall promptly be informed of the date, time and place of each court proceeding relative to
the
disposition of
the
case at
which the victim has a right
to be present, unless a victim requests
that
notice of proceedings not be provided under this chapter."
Section 4. Amend Section 9410(3) of Title 11, Delaware Code, by striking
the
language after "initial incident report" and by inserting a semi—colon ";".
Section 5. Amend subsections (a) and (b) of Section 9411 of Title 11,
Delaware Code, by striking out the words who has requested notification"
after the word "victim."
Section 6. Amend subsection (a) of Section 9412 of Title 11, Delaware Code by deleting the phrase "in a case prosecuted by the Attorney General, the prosecutor shall promptly inform any victim who has requested notice" and by inserting in lieu thereof the phrase from any court except the Municipal Court, the Attorney General shall promptly inform any victim."
Section 7. Amend subsection (a) of Section 9413 of Title 11, Delaware
Code, by striking out
the
words who have requested such notice° after
the
word "victims" and amend subsection (b) of Section 9413 by striking out
the
words who has requested such notice" after the word "victim."
Section 8. Amend Section 9411(b) of Title 11, Delaware Code, by striking
the
phrase In all other courts,
the
court shall",
by
inserting in lieu thereof In all other courts except the Municipal Court,
the
Attorney General shall" and by adding
the
following sentence:
"In
the
Municipal Court
the
notice required by this section shall be provided by
the
Court."
Section 9. Amend Section 9411(c) of Title 11, Delaware Code, by striking subparagraph (c) in its entirety.
Section 10. Amend Section 9412(b) of Title 11, Delaware Code, by striking subparagraph (b) in its entirety.
Approved July 8, 1994.