CHAPTER 317

FORMERLY

HOUSE BILL NO. 11

AN ACT TO AMEND CHAPTER 51, PART III, TITLE 11 OF THE DELAWARE CODE RELATING TO PROCEDURE IN THE SUPERIOR COURT.

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

Section 1. Amend Chapter 51, Part III, Title 11 of the Delaware Code by adding thereto a new Section designated as Section 5105, which new Section shall read as follows:

15106. Plea negotiations by the State.

(a) In every criminal case in the Superior Court involving a felony wherein the Department of Justice agrees to accept a plea of guilty to less than the original most serious charge indicted by the County Grand Jury or originally filed by information, the prosecuting attorney shall state on the record that he

(1) Notified and discussed the plea agreement with the victim prior to its
entry; or

(2) If notification was not reasonably possible, state on the record what
steps were taken to give such information to the victim.

(b) In any case where the victim is deceased, the information required by

Subsection (a) shall be given to any known next of kin. If the victim is a corporation, such information shall be given to a responsible officer. If the victim is a minor child, such information shall be given to the parent or guardian of said child.

(c) For purposes of this Section, 'victim' is one who was injured or killed as the result of a criminal offense or who suffered monetary loss as a result of such an offense.

(d) No violation of this Section shall be considered as a basis for setting aside a guilty plea entered by a defendant or for any other relief."

Approved July 10, 1990.