CHAPTER 239

FORMERLY

SENATE BILL NO. 270

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 90 OF TITLE 11, DELAWARE CODE, RELATING TO COMPENSATION FOR INNOCENT VICTIMS OF CRIME.

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

Section 1. Amend §9008(a), Chapter 90, Title 11, Delaware Code, by

striking the second, third and fourth sentences in their entirety and substituting in lieu thereof the following:

The Board shall initiate an investigation of the claim within 30 days of the filing of the claim. After this investigation, the Board shall render a decision on whether or not to award compensation to the claimant, and if an award is made, the amount of that award. The Board shall immediately mail a copy of its decision to the claimant, together with written notice that if claimant is dissatisfied with the Board's decision then claimant must, within 15 days of the date of the Board's decision, request a hearing before the Board, and that if such request is not timely made, then the Board's decision shall be final and not appealable to Superior Court, notwithstanding §9005(3) of this Title."

Section 2. Amend Chapter 90, Title 11, Delaware Code by striking §9008(b) in its entirety and substituting the following in lieu thereof:

"(b) If the claimant is dissatisfied with the Board's decision, the claimant may, within 15 days of the date of the decision, request a hearing before the Board. If no hearing is requested within 15 days of the date of the Board's decision, the Board's decision shall be final and not appealable to Superior Court, notwithstanding §9005(3) of this Title. If a hearing is timely requested, the Board shall fix the time and place for a hearing. The Board shall, at least 20 days before the time set for the hearing, mail notices of the time and place of such hearing to all interested persons and agencies. At the hearing, the claimant may present evidence to the Board to show why the Board's decision should be reversed or modified. Within 90 days of the conclusion of any and all hearings on the matter, the Board shall mail to the claimant a statement of its final decision to award or deny the claim and a statement of any conditions under which the claim shall be awarded. The Board may affirm, reverse, or modify its initial decision."

Approved May 13, 1992.