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DE HB9

Bill

Status

Passed

6/15/2021

Primary Sponsor

Kimberly Williams

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • Allow persons convicted or adjudicated delinquent of crimes (except violent felonies) committed as a direct result of being a human trafficking victim to file a motion to vacate their conviction or adjudication in Superior Court or Family Court.

  • Require motions to vacate be in writing, sent to the Delaware Department of Justice, and include evidence and official documents showing entitlement to relief.

  • Create a presumption that a person's crime participation was a direct result of human trafficking if they have official documentation of victim status from a government agency, though such documentation is not required for relief.

  • Allow persons filing a motion to vacate to also seek expungement of their criminal or juvenile record in the same motion.

  • Require courts to expunge police and court records related to the charge and conviction or adjudication if they grant the motion to vacate and the movant requested expungement.

Legislative Description

An Act To Amend Title 11 Of The Delawae Code Relating To Crimes.

Last Action

Signed by Governor

6/15/2021

Committee Referrals

Judiciary3/30/2021
Judiciary3/11/2021

Full Bill Text

No bill text available