CHAPTER 101

FORMERLY

HOUSE BILL NO. 208

AS AMENDED BY

HOUSE AMENDMENT NO. 1

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

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

Section 1. Amend §9401(5), Title 11 of the Delaware Code by inserting as the last sentence thereof: "'Victim' includes qualifying neighborhood or homeowners' associations as defined by §9419 of this Chapter."

Section 2. Amend Chapter 94, Title 11 of the Delaware Code by inserting a new §9419 thereto as follows:

§9419. Rights of Qualifying Neighborhood or Homeowners' Associations.

(a) Residents of neighborhoods where illegal drug activity occurs shall collectively be entitled to all of the rights, privileges and notice requirements otherwise provided to victims under this Chapter, provided that:

(1) There exists within the residents' neighborhood a neighborhood or homeowners' association, which shall serve as the residents' designated agent for all purposes under this Chapter;

(2) The neighborhood or homeowners' association has been legally incorporated in accordance with Delaware's General Corporation Law;

(3) The neighborhood or homeowners' association has been recognized by its local government jurisdiction, through actual practice or by specific designation, as duly representative of the residents of its surrounding neighborhood; and The neighborhood or homeowners' association has given prior written notice to all state and local police authorities whose jurisdiction encompasses all or any portion of the geographical area represented by the association, specifying its election to prevail itself of the rights, privileges and notice requirements provided under this Chapter and the name, address and telephone number of the representative of the neighborhood or homeowners' association to whom all notices or other communications required under this Chapter shall be given. Any police authority so notified shall thereafter identify the neighborhood or homeowners' association as a victim for purposes of this Chapter in any police report, criminal complaint, warrant, indictment, information or other charging document in which any person is subsequently charged with violating any provision of Subchapter IV, Title 16 of the Delaware Code or any successor law within the geographical area represented by the association.

(c) For purposes of this section, 'illegal drug activity' means the unlawful selling, serving, storing, giving away or manufacturing of (which includes production, preparation, compounding, conversion, processing, packaging or repackaging) of any drug, which includes all narcotic or psychoactive drugs, cannabis, cocaine and all controlled substances as defined in the Delaware Uniform Controlled Substances Act."

Section 3 Amend §9402(a) by inserting the following after the word "title" and before the period "." appearing in the first sentence thereof: ", and to qualifying neighborhood or homeowners associations where illegal drug activity occurs as defined in §9419 of this title."

Approved June 26, 1995