CHAPTER 296

FORMERLY

HOUSE BILL NO. 421

AN ACT TO AMEND TITLE 11 OF THE 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 § 9002(3) of Title 11 of the Delaware Code by deleting the word “or” in subsection (e) and by inserting after “hit-and-run” in subsection (f) the following:

“; or

g. Any act of domestic violence or abuse.”.

Section 2. Amend § 9002(7) of Title 11 of the Delaware Code by striking the current language and replacing thereto as follows:

“‘Personal injury’ shall mean bodily harm; or mental, emotional, or psychological harm; or shall include pregnancy resulting from the crime,”.

Section 3. Amend § 9002(8) of Title 11 of the Delaware Code by striking the current subsection “h” and replacing thereto as follows:

“h. Housing related expenses, including, but not limited to, mortgage, rent, security deposit, or other housing costs and furniture not to exceed three times the victim’s monthly prospective housing cost;”.

Section 4. Further Amend § 9002(8) of Title 11 of the Delaware Code by striking the current subsection “i” and replacing thereto as follows:

“i. Loss of support for victims of violence, not to exceed $3,000, when it is established that

1. The offender was gainfully employed or had other legal income at the time the crime as defined by the Chapter was committed against the victim;

2. The victim is fully or partially dependent on the income of the offender; and

3. The victim no longer has that income from the offender;”.

Section 5. Further Amend § 9002(8) of Title 11 of the Delaware Code by deleting the word “and” after the “;” in subsection “j” and before subsection “k”.

Section 6. Further Amend § 9002(8) of Title 11 of the Delaware Code by inserting after the word “evidence” in subsection (k) the following:

“;

l. Child care not to exceed the deposit plus two months of care by a State-approved or licensed day care provider; or

m. Reimbursement for reasonable expenses incurred due to attendance at criminal proceedings as a witness for the prosecution.”.

Section 7. Amend § 9005 of Title 11 of the Delaware Code by deleting the phrase “is injured or” in the first sentence and replacing thereto as follows:

“sustains personal injury or is”.

Section 8. Amend § 9005(8) of Title 11 of the Delaware Code by inserting after the last sentence the following:

“However, the foregoing limitations in this paragraph (8) regarding the victim’s 20th birthday shall not apply in cases of crimes involving sexual assault or abuse.”.

Section 9. Amend § 9006(5) of Title 11 of the Delaware Code by deleting:

“; provided, however, that the Board, in its discretion, may waive this requirement if the circumstances of the crime render this requirement unreasonable.” and replacing thereto with “.”.

Section 10. Amend § 9006(5)(ii) of Title 11 of the Delaware Code by deleting the word “or” at the end of the subsection.

Section 11. Amend § 9006(5)(iii) of Title 11 of the Delaware Code by inserting the word “or” after the “;” at the end of the subsection.

Section 12. Amend § 9006(5) of Title 11 of the Delaware Code by adding a new subsection (iv) to read as follows:

“(iv) where the Board in its discretion determines that the circumstances of the crime render this requirement unreasonable.”.

Approved June 29, 2004