CHAPTER 242

FORMERLY

SENATE BILL NO. 9

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 43, SUBCHAPTER VI, §4361, TITLE 11 OF THE DELAWARE CODE RELATING TO THE BOARD OF PARDONS; AND PROVIDING FOR NOTICE TO CERTAIN PERSONS PRIOR TO PARDONS HEARINGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4361, Chapter 43, Subchapter VI, Title 11 of the Delaware Code by striking the Title of said section, and substituting in lieu thereof the following:

14361. Board of Pardons; Attendance of Victims and Witnesses"

Section 2. Amend §4361, Chapter 43, Subchapter VI, Title 11 of the Delaware Code by re-designating present subsection (d) as new subsection (e); and by re-designating present subsection (e) as new subsection (f).

Section 3. Amend §4361, Chapter 43, Subchapter VI, Title Il of the Delaware Code by adding thereto a new subsection, designated as subsection (d), which new subsection shall read as follows:

"(d) Upon the application of any convicted felon for a pardon, the Board shall notify the Superior Court and the Attorney General of such application. The Attorney General in cooperation with the Superior Court shall send notice of such application to each person who was a victim or witness of the offense for which the felon was convicted, that the felon has applied for a pardon. Such notice shall, contain the time, date and place where the matter shall 'be heard by the Board. Where a victim or witness is known to be deceased, a good faith effort shall be made to send notice to a member of the immediate family of such person. Where the victim or witness is known to be under eighteen years of age or is incompetent, a good faith effort shall be made to send the notice to the parent, guardian or custodian of such person. Notification for the purpose of this section shall be by certified mail (return receipt requested) to the last known address of such victim or witness. Each such victim or witness shall be permitted to testify at the pardons hearing. A victim or witness may, in lieu of appearing before the Board, submit a written statement to the Board at any time prior to the hearing. For purposes of this subsection, the word. 'witness' shall mean a person who testified for the prosecution at the trial in which the felon was convicted of the crime from which he seeks to be pardoned; provided however, that the word 'witness' shall not include any law enforcement officer; any person who testified merely as an expert witness; nor any person who was merely a. custodian of the evidence, with no knowledge of the circumstances of the offense.

Approved June 25, 1990.