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DE HB201
Bill
Status
1/28/2026
Primary Sponsor
Kimberly Williams
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AI Summary
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Lowers the legal standard for human trafficking victims seeking to vacate convictions or juvenile adjudications from crimes committed "as a direct result" to "as a result" of being trafficked, recognizing the broader range of criminal behaviors victims may engage in due to exploitation
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Requires motions to vacate and related hearings to be sealed or closed to protect victims from revictimization, unless the court finds good cause to open proceedings
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Eliminates mandatory hearings on motions to vacate when the Attorney General consents or fails to respond within 30 days, allowing victims to obtain relief on uncontested motions without reliving trauma through formal questioning
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Allows courts to order immediate expungement of police and court records when granting a motion to vacate, and discharges any unpaid fines, fees, or restitution associated with the vacated conviction
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Establishes that victims can prove eligibility for vacatur by a preponderance of the evidence, and official documentation of trafficking victim status creates a presumption that crimes (except violent felonies) resulted from being trafficked
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To Victims Of Human Trafficking.
Last Action
Assigned to Judiciary Committee in Senate
1/28/2026