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DE HB215

Bill

Status

Introduced

6/12/2019

Primary Sponsor

Krista Griffith

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Establishes advocate privilege protecting confidential communications between advocates and victims of domestic violence, sexual assault, stalking, human trafficking, and abuse from disclosure without written consent.

  • Allows advocates to protect records and communications created while providing shelter, advocacy, or crisis services, with privilege belonging to the victim and continuing even if the victim is unreachable.

  • Permits disclosure in criminal proceedings only upon court motion with clear and convincing evidence that communications are material, relevant, probative value outweighs harm, and cannot be obtained from other sources.

  • Requires advocates to complete minimum 40 hours of training and excludes law enforcement, Department of Justice, and government agency employees performing official duties from advocate protections.

  • Allows disclosure without consent only when necessary to prevent clear, imminent risk of serious physical injury or death, with advocates receiving immunity for good faith disclosures made under this exception.

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

6/12/2019

Committee Referrals

Judiciary6/12/2019

Full Bill Text

No bill text available