CHAPTER 318

FORMERLY

SENATE BILL NO. 309

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 94, TITLE 11 OF THE DELAWARE CODE RELATING TO VICTIMS' BILL OF RIGHTS.

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

Section 1. Amend Chapter 94 of Title 11, Delaware Code, by striking the phrase to the extent practicable" as it appears in Sections 9405; 9410; 9411(a) and (b); 9413(a); 9416(a) and (b).

Section 2. Amend Section 9417, Title 11, of the Delaware Code by adding the following sentence after the sentence ending with "Criminal Justice Council."

"Unless prevented by the failure of a victim to cooperate by furnishing a current address and telephone number, an agency shall make all reasonable efforts to provide notification and participation rights to victims."

Section 3. Amend Section 9407(b) of Title 11, Delaware Code, by striking it in its entirety and by inserting in lieu thereof:

"(b) The victim shall promptly be informed of the date, time and place of each court proceeding relative to the disposition of the case at which the victim has a right to be present, unless a victim requests that notice of proceedings not be provided under this chapter."

Section 4. Amend Section 9410(3) of Title 11, Delaware Code, by striking the language after "initial incident report" and by inserting a semi—colon ";".

Section 5. Amend subsections (a) and (b) of Section 9411 of Title 11,

Delaware Code, by striking out the words who has requested notification"

after the word "victim."

Section 6. Amend subsection (a) of Section 9412 of Title 11, Delaware Code by deleting the phrase "in a case prosecuted by the Attorney General, the prosecutor shall promptly inform any victim who has requested notice" and by inserting in lieu thereof the phrase from any court except the Municipal Court, the Attorney General shall promptly inform any victim."

Section 7. Amend subsection (a) of Section 9413 of Title 11, Delaware

Code, by striking out the words who have requested such notice° after the word "victims" and amend subsection (b) of Section 9413 by striking out the words who has requested such notice" after the word "victim."

Section 8. Amend Section 9411(b) of Title 11, Delaware Code, by striking the phrase In all other courts, the court shall", by inserting in lieu thereof In all other courts except the Municipal Court, the Attorney General shall" and by adding the following sentence:

"In the Municipal Court the notice required by this section shall be provided by the Court."

Section 9. Amend Section 9411(c) of Title 11, Delaware Code, by striking subparagraph (c) in its entirety.

Section 10. Amend Section 9412(b) of Title 11, Delaware Code, by striking subparagraph (b) in its entirety.

Approved July 8, 1994.