reglab/housing_qa huggingface dataset:
11 DE Code § 8902B. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 89B. Call Location Information|§ 8902B. Provision of call location information by wireless service provider to law enforcement.

§ 8902B. Provision of call location information by wireless service provider to law enforcement. (a) Upon request of a law-enforcement agency or a public safety answering point on behalf of a law-enforcement agency, a wireless provider shall provide call location information concerning the telecommunications device of a wireless service customer to the requesting law-enforcement agency or public safety answering point. A law-enforcement agency or public safety answering point shall only request information under this chapter for the purposes of responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm. (b) A wireless provider may establish protocols by which the carrier voluntarily discloses call location information. (c) No cause of action shall lie in any court against a wireless provider, its directors, officers, employees, agents, or vendors for providing cell location tracking information to a law-enforcement agency or public safety answering point as required by this chapter. (d) The Delaware State Police Headquarters Communications shall obtain contact information from all wireless providers authorized to do business in this State to facilitate a request from a law-enforcement agency or a public safety answering point on behalf of a law-enforcement agency for call location information under this section. The Delaware State Police Headquarters Communications shall disseminate the contact information to each public safety answering point in this State. 80 Del. Laws, c. 152, §  1;
11 DE Code § 9001. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9001. Declaration of purpose.

§ 9001. Declaration of purpose. The General Assembly hereby declares that it serves a purpose, and is of benefit to the State, to indemnify those persons who are victims of crimes committed within the State or Delaware victims of terrorist acts, and it is therefore the declared purpose of this chapter to promote the public welfare by establishing a means of meeting the additional hardships imposed upon the innocent victims of certain crimes, and the families and dependents of those victims. 59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §  1;  73 Del. Laws, c. 250, §  1;  77 Del. Laws, c. 193, §  1;
11 DE Code § 9003. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9003. Advisory Council.

§ 9003. Advisory Council. (a) This hereby establishes within the Department of Justice, the Victims' Compensation Assistance Program Advisory Council, hereafter “the Council,” consisting of 11 members with at-large members appointed by the Governor. Membership of the Council is as follows:  (1) The Attorney General or the Attorney General's designee. (2) The Chairperson of the Victim's Rights Task Force or the Chairperson's designee. (3) The Chairperson of the Domestic Violence Task Force or the Chairperson's designee. (4) [Repealed.] (5) Seven at-large members with 1 member from the medical profession, 1 member from the mental health profession, 1 member who is a law-enforcement police-based advocate, and 1 member of the public each from the City of Wilmington, New Castle County, Kent County, and Sussex County. (6) The Executive Director of the Delaware Alliance Against Sexual Violence or the Executive Director's designee. (b) The term of Council members appointed by the Governor is 3 years and terminates on the Governor's appointment of a new member to the Council. A member shall continue to serve until that member's successor is duly appointed but a holdover under this provision does not affect the expiration date of a succeeding term. (c) In case of a vacancy on the Council before the expiration of a member's term, a successor must be appointed by the Governor within 30 days of the vacancy for the remainder of the unexpired term. (d) The Council shall elect 1 of its members as Chairperson to serve for a 1-year term and may be eligible for reelection. (e) The Council shall meet at the call of the Chair but no fewer than 4 times a year. 59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §  3;  61 Del. Laws, c. 409, §  68;  65 Del. Laws, c. 268, §  2;  66 Del. Laws, c. 85, §  49;  67 Del. Laws, c. 208, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 460, §  21;  77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 2;
11 DE Code § 9004. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9004. Functions of the Council.

§ 9004. Functions of the Council. The Council shall have the following functions, powers and duties:  (1) To review and comment on such rules and regulations as are proposed by the Agency. (2) To serve in an advisory capacity to the Agency and Appeals Board. (3) Recommend adoption, amendment, or rescission of rules, regulations and policies implementing this chapter. (4) In its discretion, prepare an independent annual report describing the Council's activities.59 Del. Laws, c. 519, §  1;  66 Del. Laws, c. 261, §  1;  67 Del. Laws, c. 208, §  2;  77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 125, §  2;
11 DE Code § 9005. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9005. Victims' Compensation Assistance Program.

§ 9005. Victims' Compensation Assistance Program. (a) This hereby establishes the Victims' Compensation Assistance Program, hereafter the “Agency,” which functions under the authority of the Department of Justice, and which has the sole jurisdiction over the awarding of compensation for claimants. (b) Executive Director. — The Executive Director must be appointed by and report to the Attorney General. The Executive Director shall manage the Agency staff and supervise the claims review process and payment of compensation to claimants. (c) The Executive Director and staff shall support the Council and the Appeals Board. (d) Staff. — The Executive Director may employ staff and contract for services as necessary and authorized to carry out the purpose of the Agency, Council, and Appeals Board. 77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 3;
11 DE Code § 9006. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9006. Function of the Agency.

§ 9006. Function of the Agency. The Agency, subject to the approval of the Department of Justice, has all of the following functions, powers, and duties:  (1) To meet and function at any place within the State. (2) To obtain the services of other governmental agencies on request and to utilize those services when necessary. (3) To receive, investigate, and determine awards, and to process for claims payment for applications filed under this chapter. a.-c. [Repealed.] (4) To publish reports, information, and other data collected by the Agency. (5) To annually render to the Governor and General Assembly a written report of the Agency's activities and recommendations. (6) To provide applications for purposes of this chapter and to specify the information to be included in the applications. (7) To adopt, promulgate, amend, and rescind rules and regulations that are required to carry out this chapter. (8) To reimburse other governmental agencies under this chapter for awards to claimants. (9) To recover, through reimbursement by the criminal defendant, the full amount of compensation paid to claimants for crimes committed by the defendant. (10) To recover, through reimbursement from claimants, funds received from other sources of payment, as set forth herein. (11) To administer the Victims' Compensation Fund established by this chapter.77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 125, §  2;  79 Del. Laws, c. 404, §  1;  83 Del. Laws, c. 247, § 4;
11 DE Code § 9007. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9007. Victims' Compensation Assistance Program Appeals Board.

§ 9007. Victims' Compensation Assistance Program Appeals Board. (a) There is hereby established the Victims' Compensation Assistance Program Appeals Board, hereafter “Appeals Board” , which is composed of 5 members to be appointed by the Governor and confirmed by the Senate. No more than 3 members may be of 1 major political party. Appeals Board representation must reflect representation from all counties of the State. (b) Members of the Violent Crimes Compensation Board serving on July 31, 2009, will become the members of the Appeals Board. They will serve the balance of their terms in accordance with the provisions of the statute in existence at the time of their last reappointment. Upon expiration of the current terms of the Appeals Board members, their compensation will be $100 per meeting. The compensation of all other Appeals Board members is $100 per meeting. (c) The term of Appeals Board members is 3 years. A member shall continue to serve until that member's successor is duly appointed but a holdover under this provision does not affect the expiration date of the succeeding term. 77 Del. Laws, c. 193, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 247, § 5;
11 DE Code § 9008. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9008. Function of the Appeals Board.

§ 9008. Function of the Appeals Board. (a) The Appeals Board has the power and authority to meet and function in any place within the State. (b) The Appeals Board has the power and authority to affirm, reverse, or modify the Agency's claims decisions under the provisions of § 9012 of this title. 77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 6;
11 DE Code § 9012. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9012. Form of claim; investigation—hearing.

§ 9012. Form of claim; investigation—hearing. (a) All claims filed with the Agency must be in writing on the Agency's provided claim form and signed by the claimant. The Agency shall initiate an investigation of the claim within 30 days of the filing of the claim. After this investigation, the Agency shall render a decision on whether or not to award compensation to the claimant. The Agency shall immediately mail a copy of its decision to the claimant, together with written notice of the claimant's options for redress if dissatisfied with the Agency decision. (b) If the claimant is dissatisfied with the Agency's decision, the claimant may, within 30 days after the date the Agency decision is mailed, file a request for reconsideration of the claim. The request must include additional information from the claimant that supports the claim request. If the request is not timely made, then the Agency decision is final and not appealable to the Appeals Board or the Superior Court. (c) If a reconsideration is timely requested, the Executive Director shall review the claimant's information and render a final decision. This decision will immediately be mailed to the claimant, together with written notice of the claimant's right to request an appeal. (d) If the claimant is dissatisfied with the Agency's final decision, the claimant may, within 30 days after the date the decision is mailed, request a hearing before the Appeals Board. If an appeal is timely requested, the Appeals Board shall fix the time and place for hearing the appeal. The Agency shall, at least 20 days before the time set for the hearing, mail notices of the time and place of the hearing to all interested persons and agencies. At the appeal hearing, the claimant may present evidence to the Appeals Board to show why the Agency's decision should be reversed or modified. Within 90 days of the conclusion of all hearings on the matter, the Appeals Board shall mail to the claimant a statement of its final decision to award or deny the claim and a statement of any conditions under which the claim will be awarded. The Appeals Board may affirm, reverse, or modify the Agency's decision. (e) The claimant or the Agency, if dissatisfied by the Appeals Board's decision concerning compensation or any conditions attached to the award of the compensation, may appeal to the Superior Court within 30 days following the date the decision of the Appeals Board is mailed to the appealing party. An appeal to Superior Court must be based on the record of the Appeals Board hearing. 59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §§  7, 8;  68 Del. Laws, c. 239, §§  1, 2;  72 Del. Laws, c. 460, §§  13, 14, 16;  77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 10;
11 DE Code § 9013. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9013. Attorney fees.

§ 9013. Attorney fees. A claimant need not be represented by an attorney before the Appeals Board, but if such person is represented the Appeals Board may award an amount for services rendered. Such fees shall not exceed $1,000 or 15% of the amount awarded, whichever sum is less, and shall be in addition to the amount of compensation awarded to the claimant. An attorney shall not charge, demand, receive or collect for services rendered in connection with any proceedings under this chapter any amount other than awarded as attorneys' fees under this section. 59 Del. Laws, c. 519, §  1;  77 Del. Laws, c. 193, §  1;
11 DE Code § 9014. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9014. Recovery from the criminal.

§ 9014. Recovery from the criminal. (a) Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the act constituting such offense, the State may institute an action against such person for the recovery of the whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter. (b) Any payment of compensation under this chapter does not affect any right of any person to recover damages in a civil action from the person convicted of the offense giving rise to the claim for compensation. (c) Whenever any person is sentenced for an offense and compensation has been paid under this chapter to a claimant, the Agency may assert a claim for reimbursement of the Victims' Compensation Fund as restitution from the criminal defendant. In support of the reimbursement claim, the Agency shall submit an affidavit with supporting documentation to the sentencing court, setting forth all payments made to the claimant. Restitution may be awarded to the Agency. A hearing on restitution will be held on the timely request of the defendant. Where the compensation of the claimant is continuing, and the full amount of reimbursement due has not been established by the Agency, the affidavit may so state, and the sentencing court may reserve jurisdiction over any future claim for reimbursement to the Agency. Any supplemental claim for reimbursement to the Agency must be brought within 2 years of the sentencing date, or before the expiration of a term of probation imposed on the defendant for an offense giving rise to the claim for compensation, whichever date comes first. The courts shall establish procedures for determining the amount of reimbursement due to the Victims' Compensation Fund from offenders. 59 Del. Laws, c. 519, §  1;  77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 404, §  2;  83 Del. Laws, c. 247, § 11;
11 DE Code § 9015. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9015. Assignment and subrogation.

§ 9015. Assignment and subrogation. (a) Awards and recoveries granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law. (b) There shall be no substitution or subrogation, whether conventional or legal, of any indebtedness or right of action by virtue of any claim of guarantee or surety, agency, lien, payments or advances made, or any claim made by the person convicted of the act giving rise to any compensation awarded under this chapter. 59 Del. Laws, c. 519, §  1;  77 Del. Laws, c. 193, §  1;
11 DE Code § 9016. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9016. Penalty assessment.

§ 9016. Penalty assessment. (a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there must be levied an additional penalty of 18% of every fine, penalty, and forfeiture imposed and collected by the courts for crimes or offenses as defined in § 233 of this title, or $10 per offense of conviction, whichever is greater. Where multiple offenses are involved, the penalty assessment must be based on the total fine for all offenses. When a fine, penalty, or forfeiture is suspended, in whole or in part, the penalty assessment must not be suspended; provided, however, that if the penalty assessment herein imposed remains uncollected for a period in excess of 3 years, the courts may expunge the record of the assessment. (b) Upon collection of the penalty assessment, the penalty assessment must be paid over to the prothonotary or clerk of court, as the case may be, who shall collect the penalty assessment and transmit it to the State Treasury to be deposited in a separate account for the administration of this chapter, which account must be designated the “Victims' Compensation Fund,” which is hereby created. Beginning with the fiscal year ending June 30, 2002, the unencumbered balances on June 30 of each fiscal year in excess of $6,000,000 must be deposited in the General Fund. 59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §  9;  63 Del. Laws, c. 227, §  1;  67 Del. Laws, c. 71, §  2;  67 Del. Laws, c. 260, §  1;  68 Del. Laws, c. 213, §  2;  68 Del. Laws, c. 223, §  1;  73 Del. Laws, c. 312, §  36;  77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 125, §  3;  83 Del. Laws, c. 247, § 12;
11 DE Code § 9017. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9017. Annual reports.

§ 9017. Annual reports. The Department of Justice shall transmit to the Governor, State Auditor, and the General Assembly an annual report of the activity of the Agency under this chapter. 59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §  10;  69 Del. Laws, c. 250, §  1;  77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 13;
11 DE Code § 9018. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9018. Compensating fine.

§ 9018. Compensating fine. In any court of the State upon the conviction of any person or the adjudication of delinquency of any child for a crime resulting in the personal injury or death of another person, the court may, in addition to any other penalty, and in addition to reimbursement to the Victims' Compensation Fund, order such person to pay a compensating fine, in lieu of, but greater than, the penalty set forth in § 9016 of this title. The amount of such fine is in the discretion of the court and must be commensurate with the malice shown and the injury done to the victim. All fines paid in accordance with this section must be deposited into the Victims' Compensation Fund. 59 Del. Laws, c. 519, §  1;  67 Del. Laws, c. 71, §  3;  67 Del. Laws, c. 260, §  1;  77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 404, §  3;  83 Del. Laws, c. 247, § 14;
11 DE Code § 9019. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9019. Oaths; production of witnesses and records.

§ 9019. Oaths; production of witnesses and records. The Executive Director and each member of the Appeals Board shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers and records relevant to any investigation or hearing authorized by this chapter. Any person who shall fail to appear in response to a subpoena or to answer any question, or produce any books, papers and records relevant to any such investigation or hearing may be compelled to do so by order of the Superior Court. 60 Del. Laws, c. 436, §  11;  77 Del. Laws, c. 193, §  1;
11 DE Code § 9020. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9020. Filing false claim.

§ 9020. Filing false claim. (a) Any claim under this chapter, which is false in part or in whole, constitutes a false written statement in violation of § 1233 of this title. (b) Any person who files a false claim under this chapter shall forfeit any compensation and shall reimburse and repay the Agency for any compensation received under this chapter. 60 Del. Laws, c. 436, §  12;  77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 15;
11 DE Code § 9021. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9021. Persons to whom chapter applicable.

§ 9021. Persons to whom chapter applicable. This chapter shall apply to:  (1) All persons, including nonresidents of Delaware, who are victims of crimes committed on January 1, 1975, or thereafter within this State; and (2) All Delaware residents and domiciliaries who are victims of terrorist acts.60 Del. Laws, c. 436, §  13;  72 Del. Laws, c. 460, §  17;  73 Del. Laws, c. 250, §  4;  77 Del. Laws, c. 193, §  1;
11 DE Code § 9022. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9022. Conflict of interest.

§ 9022. Conflict of interest. Any member of the Agency, Council, or Appeals Board with a direct or indirect interest in a matter in question shall disqualify themselves from any consideration of that matter. 65 Del. Laws, c. 64, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 16;