74 Del. Laws, c. 44, §  1;  repealed by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.; 

Transferred to § 9401 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

A witness to a crime has all of the following rights:

(1) To maintain the confidentiality of their personal information as follows:

a. A law-enforcement agency may not disclose the identity, residential address, telephone number, school, or place of employment of a witness or a member of the witness’ family, except as allowed under paragraph (1)d. of this section.

b. A court may not compel a witness or a member of the witness’s family testifying in a criminal proceeding to disclose their residential address, school, or place of employment on the record unless allowed under paragraph (1)d. of this section.

c. The information about a witness or a member of the witness’s family under paragraphs (1)a. and (1)b. of this section is not a public record under the Freedom of Information Act, Chapter 100 of Title 29.

d. A law-enforcement agency may disclose, or a court may compel testimony about, the information under paragraphs (1)a. and (1)b. of this section if any of the following apply:

1. The individual waives confidentiality in writing.

2. The individual’s residential address, school, or place of employment is the site of the crime.

3. A. Disclosure of the information is required by law or the Rules of Criminal Procedure, necessary for law-enforcement purposes, or a court finds that there is good cause and the disclosure is necessary.

B. To alert a school district or charter school, under § 8502(8)e. of this title, that a minor child or a child that has reached the age of 18 that continues to be enrolled in high school has been identified at the scene of a traumatic event.

(2) If the witness is a child, to an expedited trial, especially if the case involves child abuse or child sexual abuse.

(3) If the witness is an individual with a cognitive disability, all of the following apply:

a. The witness has a right to an explanation, in language the witness understands, of all legal proceedings in which the witness will be involved.

b. The witness, and the witness’s family, to information about appropriate social services and programs to assist witnesses, specifically information regarding coping with the emotional impact of the crime and the subsequent court proceedings in which the witness will be involved.

c. The court and the prosecution shall take appropriate action to ensure a prompt trial in order to minimize the length of time the witness must endure the stress of the witness’s involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact such delay or continuance might have on the well-being of a witness with a cognitive disability.

d. The court shall provide a waiting area for a witness that is separate and secure from the defendant, defendant’s relatives, and defense witnesses if available and the use of the area is practicable. If a separate and secure waiting area is not available or practicable, the court shall provide other safeguards to minimize the witness’s contact with the defendant, defendant’s relatives, and defense witnesses during court proceedings.

e. When attending proceedings at a court, a witness has the right to express safety concerns and to request reasonable measures to ensure their safety, including modifications to standard practices, policies, and procedures.

f. At the witness’s request, the court shall permit the presence of an individual to provide support to the witness at a proceeding unless the court determines that the exclusion of the individual is necessary to protect the defendant’s right to a fair trial.

g. If the witness is an individual with a cognitive disability, the individual who attends the proceedings under paragraph (3)f. of this section may advise the judge, when appropriate, as a friend of the court, regarding the witness’s cognitive disability and the witness’s ability to understand proceedings and questions.

(4) To the prompt return of property from a law-enforcement agency when the property is no longer needed to evidentiary purposes unless the property is illegal or subject to forfeiture.

74 Del. Laws, c. 44, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 371, §  10;  85 Del. Laws, c. 142, § 1; 

Transferred to § 9423 of this title by 85 Del. Laws, c. 142, § 1, effective Aug. 20, 2025.

(a) It is the public policy of this State to protect the public from crime and violence by encouraging all persons who are witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for cooperating with the criminal justice system.

(b) If an individual is a witness to a crime or can otherwise give evidence in a criminal investigation, a law-enforcement officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant or a valid court order.

85 Del. Laws, c. 142, § 1; 

(a) The Department of Justice shall create a summary of the rights under §§ 9423 and 9425 of this title.

(b) The summary under subsection (a) of this section must include the address of the website under § 9414(d) of this title and at a minimum, must be in English and Spanish and in a format that is as accessible as possible for individuals with disabilities.

(c) A law-enforcement agency must provide the information under this section to a witness.

85 Del. Laws, c. 142, § 1;