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DE HB215
Bill
Status
6/12/2019
Primary Sponsor
Krista Griffith
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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