CHAPTER 460

FORMERLY

HOUSE BILL NO. 544

AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO COMPENSATION FOR VICTIMS OF CRIME.

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

Section 1. Amend § 9002(2), Title 11 of the Delaware Code, by adding the words and punctuation “, foster child” immediately after the word “stepchild” appearing therein.

Section 2. Amend § 9002(8), Title 11 of the Delaware Code, by adding the following language after the last sentence therein:

“Pecuniary loss includes, but is not limited to, the following:

a. crime scene cleanup not to exceed $1,000;

b. temporary housing not to exceed $1,500;

c. moving expenses not to exceed $1,000;

d. essential personal safety property not to exceed $1,500;

e. lost wages of parents or others charged with the care, custody or guardianship of a child victim while providing care to a child victim;

f. reasonable expenses, other than counseling, of secondary victims where the victim has been killed by the act of a person during the commission of a crime as defined in this chapter, not to exceed $1,000;

g. the deductible under a policy of automobile insurance where a motor vehicle is stolen in connection with a crime as defined in this chapter, not to exceed the amount of the deductible;

h. childcare, security deposit and first month’s rent, and used furniture costs not to exceed $1,200 for victims of domestic violence who are leaving transitional housing;

i. loss of support for victims of domestic violence, not to exceed $3,000, when it is established that:

(1) the offender is incarcerated as a result of a crime as defined in this chapter committed against the victim;

(2) the offender was gainfully employed at the time of such crime; and

(3) the victim is fully or partially dependent on the income of the incarcerated offender;

j. compensation for towing and impoundment expenses incurred as a direct result of a crime as defined in this chapter; and

k. the cost to change locks and replace items seized as evidence.”

Section 3. Amend § 9002(10), Title 11 of the Delaware Code, by striking said subsection in its entirety, and substituting in lieu thereof the following:

“(10) ‘Secondary victims’ shall mean any parent, stepparent, grandparent, son, daughter, spouse, sibling, halfsibling, fiancee, caretaker of the victim, any child who resides on a regular or semi-regular basis with any adult who is the victim of, or convicted of, any crime involving an act of domestic violence, the parents of a victim’s spouse, or any other person who resided in the victim’s household at the time of the crime or at the time of the discovery of the crime.”

Section 4. Amend § 9002(3)a., Title 11 of the Delaware Code, by striking the word “or” appearing after the word “explosives” and before the word “unlawful” appearing therein, and by substituting in lieu thereof a “,”, and by adding the following words after the word “firearms” and before the “;” appearing therein:

“, stalking or endangering the welfare of a child”

Section 5. Amend § 9002(3), Title 11 of the Delaware Code, by deleting the word “or” appearing at the end of subsection d., by deleting the “.” at the end of subsection e. and by inserting in lieu thereof the words and punctuation “; or”, and by adding a new subsection f. as follows:

“f. driving under the influence of any alcohol or drug or driving with a prohibited blood alcohol concentration, or hit-and-run.”

Section 6. Amend § 9005(1), Title 11 of the Delaware Code, by deleting the words “Blue Cross and Blue Shield” appearing therein, and by substituting in lieu thereof the words “any applicable”.

Section 7. Amend § 9005(3), Title 11 of the Delaware Code, by deleting the third sentence appearing therein, and by substituting in lieu thereof the following:

“Any claimant who is aggrieved by the Board’s decision concerning compensation or any conditions attached to the award of such compensation may appeal to the Superior Court within thirty days following the date the decision of the board is mailed to the claimant.”

Section 8. Amend § 9005(6), Title 11 of the Delaware Code, by striking said subsection in its entirety, and by substituting in lieu thereof the following:

“(6) A person whose domicile is in Delaware and who is the victim or secondary victim of a violent crime which occurs in another state, possession or territory or the United States may make an application for compensation if:

a. The crimes would be compensable had they occurred in Delaware; and

b. The placement(s) of the crime(s) occurred in states, possessions or territories of the United States not having eligible crime victim compensation programs that provide benefits equal to the benefits provided pursuant to this chapter.”

Section 9. Amend § 9006(6), Title 11 of the Delaware Code, by adding the following language after the words “attempted suicide” and before the “;” appearing therein: “, unless the suicide or attempted suicide is directly related to a prior criminal victimization for which compensation is eligible pursuant to this chapter”.

Section 10. Amend § 9007(a), Title 11 of the Delaware Code, by adding the following language after the words “appear and be heard by the Board” appearing in the last sentence thereof: “in accordance with § 9008(b)”.

Section 11. Amend § 9007(d), Title 11 of the Delaware Code, by deleting the period appearing at the end of the first sentence, and by substituting in lieu thereof the following: “; provided, however, that the Board may award compensation to victims who are permanently and totally disabled in an amount not to exceed $50,000.”

Section 12. Amend § 9007(d), Title 11 of the Delaware Code, by adding the words and punctuation “, except life insurance proceeds,” after the words “from any insurer” appearing in the second sentence thereof.

Section 13. Amend § 9008(a), Title 11 of the Delaware Code, by deleting the words “within 15 days of the date of the Board’s decision” appearing in the fourth sentence therein, and by substituting in thereof the following: “within 15 days after the date the Board’s decision is mailed”.

Section 14. Amend § 9008(b), Title 11 of the Delaware Code, by deleting the words “within 15 days of the date of the decision” appearing in the first sentence therein, and by substituting in lieu thereof the following: “within 15 days after the date the decision is mailed”.

Section 15. Amend § 9005(3), Title 11 of the Delaware Code, by deleting the words “within 30 days of the decision of the Board” appearing therein, and by substituting in lieu thereof the following: “within 30 days after the date the decision of the Board is mailed”.

Section 16. Amend § 9008(b), Title 11 of the Delaware Code, by deleting the words “within 15 days of the date of the Board’s decision” appearing in the second sentence therein, and by substituting in lieu thereof “within 15 days after the date the Board’s decision is mailed”.

Section 17. Amend § 9017, Title 11 of the Delaware Code, by adding the words and punctuation “, including nonresidents of Delaware,” after the words “This chapter shall apply to all persons” as the same appear therein.

Section 18. Amend § 10004(7)2., Title 29 of the Delaware Code, by adding the words “or against” immediately after the words “any offense by” appearing therein.

Section 19. Amend § 9002(8), Title 11 of the Delaware Code, by deleting the words “loss of past earnings; and loss of future earnings” appearing therein, and by substituting in lieu thereof the words “loss of past or future earnings (including, but not limited to, reimbursement for vacation, sick and compensatory time)”.

Section 20. Amend § 9006(a)(5), Title 11 of the Delaware Code, by adding the following new sentence at the end thereof: “This requirement shall be waived where (i) the crime has been reported to an appropriate governmental agency, such as child and/or adult protective services or the Family Court; (ii) the claimant can provide a protection from abuse order; or (iii) the claimant has cooperated with law enforcement or an appropriate government agency in cases of crimes involving sexual assault or abuse.”

Section 21. Amend § 9003, Title 11 of the Delaware Code, by striking the last sentence in its entirety, and by substituting in lieu thereof the following: “The compensation of the chairperson shall be $12,000 annually. The compensation of the vice chairperson shall be $11,000 annually, and the compensation of the members shall be $10,000 annually.”

Approved July 21,2000