CHAPTER 211

FORMERLY

SENATE BILL NO. 191

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CRIMINAL CODE AND WITNESSES.

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

Section 1. Amend §9401 of Title 11 of the Delaware Code by adding to said section a new subsection, to be designated as subsection eight “(8)”, to read as follows:

“(8) ‘Witness’ means any person other than a law enforcement officer or probation officer who has knowledge of the existence or nonexistence of any fact related to any crime, or any person who has reported any crime to any law enforcement officer or probation officer, or any person other than a law enforcement officer or probation officer who has been designated for service with a subpoena issued by any court or by the Attorney General, or any person other than a law enforcement officer or probation officer who would be believed by any reasonable person to be an individual described by this subsection.”

Section 2. Amend §9402(a) of Title 11 of the Delaware Code by inserting between the phrases “§9401(1) of this title” and “and to qualifying” as they appear in the first sentence of said subsection, the phrase “, and to witnesses to such crimes, as specified in §9403 of this title,” and by striking the phrase “and members of victims’ families” as it appears therein, and by substituting in lieu thereof the following: “, witnesses and members of their families.”.

Section 3. Amend §9403(a) of Title 11 of the Delaware Code by inserting between the phrases “Unless a victim” and “waives confidentiality” as it appears in said subsection the phrase “or witness”, and by inserting between the phrases “members of the victim’s family,” and “except to the extent” as they appear in said subsection the phrase “or the identity, residential address, telephone number or place of employment of a witness or a member of the witness’s family,”.

Section 4. Amend §9403(b) of Title 11 of the Delaware Code by inserting between the phrases “compel a victim” and “or a member” as they appear in said subsection the phrase “or witness”, and by striking the phrase “victim’s family” as it appears in said subsection, and by inserting in lieu thereof the phrase “victim’s or witness’s family.”

Section 5. Amend §9403(c) of Title 11 of the Delaware Code by inserting between the phrases “telephone number” and “maintained by a court” as they appear in said section the phrase, “and any witness’s identity, address, place of employment and telephone number,”.

Approved July 20,1999