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DE HB215

Bill

Status

Introduced

6/30/2015

Primary Sponsor

Andria Bennett

Click for details

Origin

House of Representatives

148th General Assembly

AI Summary

  • Creates advocate privilege protecting communications between victims and advocates from disclosure without written consent of the victim.

  • Defines "advocate" as employees or volunteers of domestic violence shelters, crisis lines, or victim service providers, excluding law enforcement and government agency employees acting in official capacity.

  • Establishes privilege exceptions when disclosure is necessary to prevent clear, imminent risk of serious physical injury or death, when services were sought to enable crime or fraud, or when communications are material evidence and probative value outweighs harm to victim.

  • Specifies privilege applies to victims of domestic violence, abuse, sexual offenses, abuse by caregiver, human trafficking, or stalking regardless of criminal justice system involvement.

  • Grants immunity to advocates acting in good faith under the exceptions and presumes good faith in any resulting civil or criminal proceeding.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Evidence And Witnesses.

Last Action

Introduced and Assigned to Judiciary Committee in House

6/30/2015

Committee Referrals

Judiciary6/30/2015

Full Bill Text

No bill text available