reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9416. Consideration of victim-impact statement at Board of Parole hearing or Board of Pardons hearing.

§ 9416. Consideration of victim-impact statement at Board of Parole hearing or Board of Pardons hearing.
(a) The Board of Parole shall inform the victim in writing of:
(1) The right of the victim to address the Parole Board in writing or in person; and
(2) The decision of the Parole Board.
(b) The Board of Pardons shall inform the victim in writing of:
(1) The right of the victim to address the Board of Pardons in writing or in person;
(2) Any commutation of sentence that is recommended by the Board; and
(3) Any pardon or commutation that is granted.
69 Del. Laws, c. 167, §  1;  69 Del. Laws, c. 318, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9417. Requirement of state agencies to file annual reports.

§ 9417. Requirement of state agencies to file annual reports.
All agencies given duties by this chapter shall submit an annual report with related statistics outlining compliance with this chapter. The annual report shall be submitted at the end of each calendar year to the Governor and to the Criminal Justice Council. Unless prevented by the failure of a victim to cooperate by furnishing a current address and telephone number, an agency shall make all reasonable efforts to provide notification and participation rights to victims. If the requirements stated in this chapter cannot be achieved by an agency for any reason, the agency shall so state in the annual report and shall explain in detail the nature of the obstacles to comply with this chapter or other causes for the inability to achieve the objectives. The Governor shall advise state agencies of any statutory changes that require an amendment to this chapter.
69 Del. Laws, c. 167, §  1;  69 Del. Laws, c. 318, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9418. Victims' Rights Fund.

§ 9418. Victims' Rights Fund.
All fines collected under Chapter 48 of Title 21 shall be deposited into a Victims' Rights Fund established within the State Treasurer's Office. Proceeds of this Fund are to be used for the establishment of necessary infrastructure and systems development in support of victim notification initiatives.
69 Del. Laws, c. 169, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9419. Rights of qualifying neighborhood or homeowners' associations.

§ 9419. Rights of qualifying neighborhood or homeowners' associations.
(a) Residents of neighborhoods where illegal drug activity occurs shall collectively be entitled to all of the rights, privileges and notice requirements otherwise provided to victims under this chapter, provided that:
(1) There exists within the residents' neighborhood a neighborhood or homeowners' association, which shall serve as the residents' designated agent for all purposes under this chapter;
(2) The neighborhood or homeowners' association has been legally incorporated in accordance with Delaware's General Corporation Law;
(3) The neighborhood or homeowners' association has been recognized by its local government jurisdiction, through actual practice or by specific designation, as duly representative of the residents of its surrounding neighborhood; and
(4) The neighborhood or homeowners' association has given prior written notice to all state and local police authorities whose jurisdiction encompasses all or any portion of the geographical area represented by the association, specifying its election to prevail itself of the rights, privileges and notice requirements provided under this chapter and the name, address and telephone number of the representative of the neighborhood or homeowners' association to whom all notices or other communications required under this chapter shall be given. Any police authority so notified shall thereafter identify the neighborhood or homeowners' association as a victim for purposes of this chapter in any police report, criminal complaint, warrant, indictment, information or other charging document in which any person is subsequently charged with violating any provision of subchapter IV of Chapter 47 of Title 16 or any successor law within the geographical area represented by the association.
(b) For purposes of this section, “illegal drug activity” means the unlawful selling, serving, storing, giving away or manufacturing of (which includes production, preparation, compounding, conversion, processing, packaging or repackaging) of any drug, which includes all narcotic or psychoactive drugs, cannabis, cocaine and all controlled substances as defined in the Delaware Uniform Controlled Substances Act [Chapter 47 of Title 16].
70 Del. Laws, c. 101, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9420. Polygraph testing of a victim.

§ 9420. Polygraph testing of a victim.
(a) A law-enforcement officer, prosecuting officer or other government official shall not ask or require an adult, youth or child victim of an alleged sex offense as defined in Chapter 5, subchapter II, subpart D of this title, to submit to a polygraph examination or truth telling device as a condition for proceeding with the investigation.
(b) In any event, the refusal of a victim to submit to a polygraph examination or other truth telling device shall not prevent the investigation, charging or prosecution of an alleged sex offense, defined in Chapter 5, subchapter II, subpart D of this title, against the victim.
76 Del. Laws, c. 294, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter II. Victims and Witnesses with Cognitive Disabilities › § 9421. Legislative intent.

§ 9421. Legislative intent.
The General Assembly finds that it is necessary to provide every victim and witness with a cognitive disability, particularly those whose disability renders them the emotional or mental equivalent of a child, with additional consideration and different treatment than that usually required for adult victims and witnesses who are not cognitively disabled. It is therefore the intent of the General Assembly to provide each victim and witness with a cognitive disability who is involved in a criminal proceeding with certain fundamental rights and protections.
74 Del. Laws, c. 44, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter II. Victims and Witnesses with Cognitive Disabilities › § 9422. Definitions.

§ 9422. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Cognitive disability” means a developmental disability that substantially impairs an individual's cognitive abilities including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic condition, as well as nonorganic brain disorders commonly called functional disorders. “Cognitive disability” also includes conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those required for persons who have been diagnosed with mental retardation.
(2) “Victim” or “witness” shall not include any person with a cognitive disability accused of committing a felony; provided however, that the word “victim” or “witness” may, in the court's discretion, include:
a. A person with a cognitive disability where such person's participation in a felony appears to have been induced, coerced or unwilling; or
b. A person with a cognitive disability who has participated in the felony, but who has subsequently and voluntarily agreed to testify on behalf of the State.
74 Del. Laws, c. 44, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter II. Victims and Witnesses with Cognitive Disabilities › § 9423. Expedited proceedings.

§ 9423. Expedited proceedings.
In all criminal proceedings involving a victim or witness with a cognitive disability, the court and the prosecution shall take appropriate action to ensure a prompt trial in order to minimize the length of time the victim or witness must endure the stress of the victim's or 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 any victim or witness with a cognitive disability.
74 Del. Laws, c. 44, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter II. Victims and Witnesses with Cognitive Disabilities › § 9424. Additional rights and services.

§ 9424. Additional rights and services.
(a) A victim or witness with a cognitive disability is entitled to an explanation, in language the victim or witness understands, of all legal proceedings in which the victim or witness is to be involved.
(b) A victim or witness with a cognitive disability is entitled to be accompanied, in all proceedings, by a “friend” or other person in whom the victim or witness trusts, which person shall be permitted to advise the judge, when appropriate and as a friend of the court, regarding the person with a cognitive disability and that person's ability to understand proceedings and questions.
(c) A victim or witness with a cognitive disability is entitled to information about, and referrals to, appropriate social services and programs to assist the victim or witness, and the victim's or witness's family, in coping with the emotional impact of the crime, and the subsequent court proceedings in which the victim or witness is to become involved.
74 Del. Laws, c. 44, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 371, §  10;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 95. Victim-Offender Alternative Case Resolution › § 9501. Purpose.

§ 9501. Purpose.
(a) The General Assembly finds and declares that:
(1) The resolution of felony, misdemeanor and juvenile delinquent offenses can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and
(2) Victim-offender alternative case resolutions can meet the needs of Delaware's citizens by providing forums in which persons may voluntarily participate in the resolution of certain criminal offenses in an informal and less adversarial atmosphere.
(b) It is the intent of the General Assembly that each program established under this chapter do all of the following:
(1) Establish and use victim-offender alternative case resolution programs to help meet the need for alternatives to the courts for the resolution of certain criminal offenses, whether before or after adjudication.
(2) Encourage continuing community participation in the development, administration and oversight of local victim-offender alternative case resolution.
(3) Offer structures for victim-offender alternative case resolution which may serve as models for programs in other communities.
(4) [Repealed.]
70 Del. Laws, c. 444, §  1;  82 Del. Laws, c. 92, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 95. Victim-Offender Alternative Case Resolution › § 9503. Confidentiality.

§ 9503. Confidentiality.
(a) All memoranda, work notes or products, case files or programs, and data collected under this chapter are confidential and privileged. This information is not subject to disclosure in any judicial or administrative proceeding.
(b) Confidentiality under subsection (a) of this section may be waived if a court or administrative tribunal determine that the materials were submitted by a participant to the program for the purpose of avoiding discovery of the material in a subsequent proceeding.
(c) Any communication relating to the subject matter of the resolution made during the mediation process by any participant, mediator, or any other person is a privileged communication. It is not subject to disclosure in any judicial or administrative proceeding unless all parties to the communication waive the privilege.
(d) To the extent that the communication in subsection (c) of this section may be relevant evidence in a criminal matter, the privilege and limitation of evidentiary use does not apply to any communication of a threat that injury or damage may be inflicted on any person or on the property of a party to the dispute.
(e) Nothing in this section prevents the Victim-Offender Alternative Case Resolution Committee from obtaining access to any information it deems necessary to administer this chapter.
70 Del. Laws, c. 444, §  1;  82 Del. Laws, c. 92, § 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 95. Victim-Offender Alternative Case Resolution › § 9504. Eligibility.

§ 9504. Eligibility.
(a) An offender may not be admitted to the program unless the Attorney General certifies that the offender is appropriate for the program, regardless of any criteria established under any program or this chapter.
(b) A person who voluntarily enters an alternative case resolution process at a victim-offender alternative case resolution program established under this chapter may revoke that person's consent, withdraw from the alternative case resolution process, and seek judicial or administrative redress before reaching a written agreement. A legal penalty, sanction, or restraint may not be imposed on the person for such withdrawal.
70 Del. Laws, c. 444, §  1;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 92, § 5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 95. Victim-Offender Alternative Case Resolution › § 9505. Immunity.

§ 9505. Immunity.
(a) Members of the Victim-Offender Alternative Case Resolution Committee or board of directors of an organization with a victim-offender alternative case resolution program are immune from suit in any civil action based upon any proceedings or other official acts performed in good faith as members of the board.
(b) State employees and employees and volunteers of a victim-offender alternative case resolution program are immune from suit in any civil action based on any proceedings or other official act performed in their capacity as employees or volunteers, except in cases of wilful or wanton misconduct.
(c) A victim-offender alternative case resolution program is immune from suit in any civil action based on any of its proceedings or other official acts performed by its employees, volunteers, or members of its board of directors, except in the following cases:
(1) Wilful or wanton misconduct by its employees or volunteers.
(2) Official acts performed in bad faith by members of its board.
70 Del. Laws, c. 444, §  1;  82 Del. Laws, c. 92, § 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter I. Protection of Witnesses › § 9604. Cooperation of other state agencies and governments; reimbursement of expenses.

§ 9604. Cooperation of other state agencies and governments; reimbursement of expenses.
Each state agency shall cooperate with the Attorney General in carrying out the provisions of this subchapter and may provide, on a reimbursable basis, such personnel and services as the Attorney General may request in carrying out those provisions.
74 Del. Laws, c. 57, §  1;  78 Del. Laws, c. 28, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter I. Protection of Witnesses › § 9605. Additional authority of Attorney General.

§ 9605. Additional authority of Attorney General.
The Attorney General may enter into such contracts or other agreements as may be necessary to carry out this subchapter. Any such contract or agreement which would result in the State being obligated to make outlays may be entered into only to the extent and in such amount as may be provided in advance in an Appropriation Act.
74 Del. Laws, c. 57, §  1;  78 Del. Laws, c. 28, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter I. Protection of Witnesses › § 9606. Source of funding.

§ 9606. Source of funding.
All expenses incurred by the Attorney General to provide any service pursuant to this subchapter shall be paid from the Special Law Enforcement Assistance Fund established by § 4110 of this title.
74 Del. Laws, c. 57, §  1;  78 Del. Laws, c. 28, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9611. Definitions.

§ 9611. Definitions.
When used in this subchapter, the following words and phrases shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:
(1) “Actual address” shall mean a residential address, school address or work address of an individual.
(2) “Image” includes, but is not limited to, any photograph, video, sketch, or computer-generated image that provides a means to visually identify the person depicted.
(3) “Internet” has the meaning used in § 931 of this title.
(4) “Law-enforcement agency” means the police department of any political subdivision of this State, the Delaware State Police, the Capitol Police, and the Delaware Department of Justice.
(5) “Post or display publicly” means to communicate, transmit, or otherwise make available to any other person.
(6) “Program” means the Address Confidentiality Program of the Department of Justice.
(7) “Program participant” means any person certified by the Department of Justice as eligible to participate in the address confidentiality program established by this subchapter.
(8) “Protected witnesses” means any person to whom the Department of Justice is providing witness protection services pursuant to this chapter.
(9) “Reproductive health service provider or employee” means a person who provides or assists in providing reproductive health services.
(10) “Reproductive health services” has the same meaning as defined in § 1702 of Title 24.
(11) “Substitute address” means the official address or confidential address designated by the Attorney General.
(12) “Victim of domestic violence” means a person who is a victim of domestic violence as that term is defined by § 1041 of Title 10, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof or any other foreign jurisdiction.
(13) “Victim of human trafficking” means a victim of an offense set forth in § 787 of this title, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof, or any other foreign jurisdiction. This definition is to include victims of both “labor” and “sex” trafficking.
(14) “Victim of sexual assault” means a victim of an offense set forth in §§ 768 through 780, and 787 of this title, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof or any other foreign jurisdiction.
(15) “Victim of stalking” means a victim of an offense set forth in §§ 1312 and 1312A [transferred to § 1312] of this title, or any equivalent provision in the laws of any other state, the United States, or any territory, District or subdivision thereof or any other foreign jurisdiction.
78 Del. Laws, c. 28, §  1;  80 Del. Laws, c. 147, §  2;  83 Del. Laws, c. 427, § 1;  84 Del. Laws, c. 156, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9612. Address Confidentiality Program.

§ 9612. Address Confidentiality Program.
(a) The Department of Justice shall establish a program to be known as the Address Confidentiality Program. Upon application and certification, persons eligible pursuant to this subchapter shall be provided a substitute address by the Program.
(b) The Program shall forward all correspondence sent by first class, express, registered and certified mail at no expense to a program participant and may arrange to receive and forward other classes or kinds of mail at the program participant's expense.
(c) Upon a person's certification for participation in the Program, the Department of Justice will provide notice of that fact and the program participant's substitute address to the appropriate officials and parties involved in an ongoing civil or criminal case in which a program participant is a victim, witness, or party.
(d) All records relating to applicants and program participants are the property of the Department of Justice. These records, including but not limited to program applications, a participants' actual addresses and waiver proceedings, shall be deemed to be confidential, and shall also not be subject to the provisions of Chapter 100 of Title 29.
78 Del. Laws, c. 28, §  1;  84 Del. Laws, c. 156, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9613. Persons eligible to apply.

§ 9613. Persons eligible to apply.
All of the following persons are eligible to apply to become program participants:
(1) A victim of domestic violence, sexual assault, human trafficking, or stalking who has filed for a protection from abuse order or who is or was named as a victim in any criminal or delinquency proceeding brought for the purpose of determining liability for the commission of any crime or offense as those terms are defined in § 233 of this title, and who further states that the victim fears future violent acts by the perpetrator of the abuse.
(2) A person who has a valid agreement with the Department of Justice as set out in § 9601(f) of this title.
(3) A person who is a member of the same household as a program participant. A parent or guardian may apply to the program on behalf of a minor; or in the case of an adult individual who is incapacitated, application may be made by the person holding power of attorney.
(4) A person who has obtained or is seeking relief from a domestic violence program or service, as certified by the director of that program or the director's designee.
(5) A person who is a reproductive health service provider or employee who fears for such person's safety because of providing reproductive health services.
78 Del. Laws, c. 28, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 427, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 156, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9614. Application, certification and termination process.

§ 9614. Application, certification and termination process.
A person shall file an application with the Program in a manner prescribed by the Program. The Department of Justice shall have the authority to promulgate appropriate policies and procedures regarding certification and termination. Certification shall be valid for a period of 3 years following the date of certification unless the certification is withdrawn or canceled before the expiration of that period, or a person's participation in the program is otherwise terminated.
78 Del. Laws, c. 28, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9615. Agency use of designated address.

§ 9615. Agency use of designated address.
Federal, state and local government agencies shall accept the substitute address designated on a valid program participation card issued to the program participant by the Program as the program participant's address except when any of the following apply:
(1) When the federal, state or local government agency has been granted a waiver pursuant to § 9617 of this title.
(2) When the program participant is any of the following:
a. A released offender complying with pretrial supervision, probation or parole or similar requirements imposed by any other jurisdiction.
b. A convicted sexual offender who has fulfilled the offender's sentence but must register the offender's community residence as required under § § 4120-4121 of this title or any similar registration requirement imposed by any other jurisdiction.
78 Del. Laws, c. 28, §  1;  84 Del. Laws, c. 156, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9616. Disclosure of actual address.

§ 9616. Disclosure of actual address.
The Department of Justice shall not disclose the actual address of a program participant except when any of the following apply:
(1) A federal, state or local government agency has been granted a waiver by the Program and the disclosure is made pursuant to § 9617 of this title.
(2) The Program determines that disclosure is required due to an emergency and the disclosure is made pursuant to § 9618 of this title.
(3) A court of competent jurisdiction orders the Program to disclose the program participant's actual address and disclosure is made pursuant to the court order.
78 Del. Laws, c. 28, §  1;  84 Del. Laws, c. 156, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9616A. Publicly posting or displaying program participant's actual address, telephone number, or image on the Internet.

§ 9616A. Publicly posting or displaying program participant's actual address, telephone number, or image on the Internet.
(a) No person shall post or display publicly on the Internet, or solicit, sell, or trade on the Internet, the actual address, telephone number, or image of a program participant with the intent to do either of the following:
(1) Incite another person to imminently use that information to commit a crime involving violence or a threat of violence against, or to cause bodily harm to, the program participant identified in the posting or display, or any member of the program participant's household.
(2) Threaten the program participant identified in the posting or display, or any member of the program participant's household, in a manner that places the person or persons threatened in objectively reasonable fear for their personal safety.
(b) No person shall post or display publicly on the Internet the actual address or telephone number of a program participant if that program participant, a parent or guardian of that program participant if the program participant is a minor, or a person holding power of attorney for the program participant if the program participant is an incapacitated adult individual, has made a written demand of that person not to disclose the program participant's actual address or telephone number. A written demand made under this subsection shall include a sworn statement declaring that the program participant is subject to the protection of this subchapter and describing a reasonable fear for the safety of that program participant or any member of the program participant's household, based on a violation of subsection (a) of this section. A written demand made under this subsection shall be effective for 3 years even if the program participant's certification is withdrawn or canceled, or the program participant's participation is otherwise terminated, before the end of the 3-year period. This subsection shall not apply to a person defined in § 4320(4) of Title 10.
(c) An interactive computer service or access software provider, as defined in 47 U.S.C. § 230(f), shall not be liable under this section unless the interactive computer service or access software provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a program participant or any person residing at or regularly present at the same actual address.
80 Del. Laws, c. 147, §  3;  84 Del. Laws, c. 156, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9617. Waiver process.

§ 9617. Waiver process.
(a) A federal, state or local government agency may request disclosure of a program participant's actual address pursuant to this section. The Department of Justice shall have the authority to promulgate appropriate policies and procedures regarding the waiver process.
(b) The Department of Justice shall promptly conduct a review of all requests received pursuant to this section. In conducting a review, the Program shall notify the program participant of the request and consider all information received and any other appropriate information that the Program may require to make a determination.
(c) Any government agency granted a waiver by the Program pursuant to this section shall be permitted to use the actual address in the manner authorized by the Department of Justice.
(d) Upon denial of a federal, state or local government agency's request for waiver, the Program shall provide prompt written notification to the agency stating that the agency's request has been denied and setting forth the specific reasons for the denial.
(e) Within 15 days after notification that the Program has denied the federal, state or local government agency's request for waiver, the agency may file a request for review of the decision by the Attorney General.
(f) Nothing in this section shall be construed to prevent the Program from granting a waiver to a federal, state or local government agency pursuant to this section upon receipt of a program participant's written consent to do so.
78 Del. Laws, c. 28, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9618. Emergency disclosure.

§ 9618. Emergency disclosure.
The Program shall establish a system to promptly respond to requests for emergency disclosures if the disclosure satisfies any of the following conditions:
(1) It will prevent physical harm or significant economic loss to a program participant or to a program participant's family member.
(2) It is made to a law-enforcement agency for law-enforcement purposes and the circumstances warrant immediate disclosure.
78 Del. Laws, c. 28, §  1;  84 Del. Laws, c. 156, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 96. PROTECTION OF WITNESSES AND CRIME VICTIMS › Subchapter II. Address Confidentiality Act › § 9619. Penalties.

§ 9619. Penalties.
(a) Any person who knowingly provides false information in regard to a material fact contained in any application made pursuant to this subchapter shall be subject to termination from the program and to criminal penalties under § 1233 of this title, or any other applicable provision of this Code.
(b) Any person who intentionally, knowingly or recklessly attempts to gain access to or gains access to a program participant's actual address by fraud or misrepresentation may be subject to criminal penalties under §§ 873, 876, and 932 of this title, or any other applicable provision of this Code.
(c) A person who lawfully obtains a program participant's actual address and who subsequently discloses or uses the actual address in a manner not authorized by this subchapter may be subject to criminal penalties under §§ 873, 876, and 932 of this title, or any other applicable provision of this Code.
(d) A person who violates § 9616A(a) of this title is guilty of a class A misdemeanor, except that the violation is:
(1) A class G felony if the violation results in physical injury to the program participant or a member of the program participant's household; or
(2) A class D felony if the violation results in serious physical injury to the program participant or a member of the program participant's household.
(e) The remedies for aggrieved persons set forth in § 941 of this title are available to program participants for violations of § 9616A of this title.
78 Del. Laws, c. 28, §  1;  80 Del. Laws, c. 147, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 97. ESTABLISHMENT OF THE DELAWARE POLICE ACCREDITATION COMMISSION › § 9701. Legislative intent.

§ 9701. Legislative intent.
WHEREAS, the safety of all Delawareans is of paramount importance; and
WHEREAS, municipal, county, university, and Delaware River and Bay Authority police departments, in addition to the Delaware State Police and other State agency police departments, provide a critical role in protecting the lives and property of the citizens of Delaware; and
WHEREAS, many smaller police departments within the State do not have the resources or manpower to complete the rigorous standards issued by the Commission on Accreditation of Law Enforcement Agencies, Inc.; and
WHEREAS, the effectiveness of public safety departments would be better served by a statewide accreditation council and standards achievable by a majority of the departments; and
WHEREAS, the citizens who reside in those jurisdictions would benefit by those departments achieving State accreditation and maintaining those standards; and
WHEREAS, the establishment of Delaware standards for a State accreditation program requires statewide coordination and leadership.
76 Del. Laws, c. 231, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 97. ESTABLISHMENT OF THE DELAWARE POLICE ACCREDITATION COMMISSION › § 9702. Establishment of the Delaware Police Accreditation Commission.

§ 9702. Establishment of the Delaware Police Accreditation Commission.
(a) The Delaware Police Accreditation Commission (hereinafter “the DPAC”) is hereby created.
(b) The DPAC is comprised of the following 12 members serving by virtue of position, or a designee appointed by the member, as follows:
(1) The Attorney General.
(2) The President Pro Tem of the State Senate.
(3) The Speaker of the House of Representatives.
(4) The Chairperson, Delaware Police Chiefs' Council.
(5) The Superintendent, Delaware State Police.
(6) The Colonel of the New Castle County Police.
(7) The Chairperson, Sussex County Chiefs organization.
(8) The Chairperson, Kent County Chiefs organization.
(9) The Chief of Police, City of Dover.
(10) The Executive Director, Delaware League of Local Governments.
(11) The Secretary of the Department of Safety and Homeland Security will serve as Chair, but may not vote unless necessary to break a tie.
(12) The Chief of the Wilmington Police Department.
(c) A designee of a member serves at the pleasure of the member that appointed the designee.
(d) The Chairperson of the DPAC may form subcommittees consistent with the needs of the DPAC to address police accreditation issues including technical support, operations support, and training support. The subcommittees may include individuals who are not members of the DPAC, but who have an interest or expertise in police accreditation issues. Each subcommittee shall be chaired by a member of the DPAC.
76 Del. Laws, c. 231, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 260, § 1;  82 Del. Laws, c. 141, § 8;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 97. ESTABLISHMENT OF THE DELAWARE POLICE ACCREDITATION COMMISSION › § 9703. Specific functions, bylaws.

§ 9703. Specific functions, bylaws.
The purpose of the DPAC shall be to provide policy level direction and draft and implement state level police accreditation standards for matters related to accreditation. To that end, it shall:
(1) Develop a statewide police accreditation program.
(2) Develop standards for the police accreditation program to ensure consistency of police operations statewide.
(3) Promote cooperation among state, municipal, university, and Delaware River and Bay Authority police agencies in addressing statewide accreditation needs in Delaware.
(4) Provide recommendations to the Governor and the Delaware General Assembly, when appropriate, concerning issues related to state level police accreditation standards in Delaware.
(5) The DPAC shall operate in accordance with bylaws that it adopts. These bylaws may be amended, supplemented, or repealed by the DPAC in accordance with the Freedom of Information Act, Chapter 100 of Title 29.
76 Del. Laws, c. 231, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 1. DEFINITIONS › § 101. Definitions.

§ 101. Definitions.
For the purpose of wills, intestate succession and for all other purposes under this title, the following definitions shall apply:
(1) “Child” includes any individual entitled to take as a child under this title by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote descendant.
(2) “Good faith” means honesty in fact and the observance of reasonable standards of fair dealing.
(3) “Heir” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent and shall include kin and kindred.
(4) “Issue” of a person means all of the person's lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this title.
(5) “Parent” includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent.
(6) “Personal representative” includes executor, administrator, successor administrator and administrator with will annexed, and persons who perform substantially the same function under the law governing their status.
(7) The definitions of “child,” “issue” or “parent” contained in this section shall not limit the right of a testator to provide by will for a definition different from those contained in this section.
59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 352, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 201. Who may make a will.

§ 201. Who may make a will.
Any person of the age of 18 years, or upwards, of sound and disposing mind and memory, may make a will of real and personal estate. No person under the age of 18 years shall be capable of making a will either of real or personal estate.
Code 1852, §  1644;  14 Del. Laws, c. 550, §  5;  15 Del. Laws, c. 165, §  5;  Code 1915, §  3240;  Code 1935, §  3704;  45 Del. Laws, c. 233, §  1;  12 Del. C. 1953, §  101;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 202. Requisites and execution of will.

§ 202. Requisites and execution of will.
(a) Every will, whether of personal or real estate, must be:
(1) In writing and signed by the testator or by some person subscribing the testator's name in the testator's presence and by the testator's express direction; and
(2) Subject to § 1306 of this title, attested and subscribed in testator's presence by 2 or more credible witnesses.
(b) Any will not complying with subsection (a) of this section shall be void.
Code 1852, §  1645;  Code 1915, §  3241;  Code 1935, §  3705;  12 Del. C. 1953, §  102;  59 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 203. Witnesses; persons competent.

§ 203. Witnesses; persons competent.
(a) Any person generally competent to be a witness may act as a witness to a will.
(b) A will or any provision thereof is not invalid because the will is signed by an interested person.
Code 1852, §  1646;  Code 1915, §  3242;  Code 1935, §  3706;  12 Del. C. 1953, §  103;  59 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 204. Devise of real estate generally.

§ 204. Devise of real estate generally.
Lands, tenements and hereditaments are devisable by last will and testament.
Code 1852, §  1643;  Code 1915, §  3239;  Code 1935, §  3703;  12 Del. C. 1953, §  105;  59 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 205. Devise of real estate without limitation.

§ 205. Devise of real estate without limitation.
A devise of real estate, without words of limitation, shall be construed to pass the fee simple, or other whole estate, or interest, which the testator could lawfully devise in such real estate, unless a contrary intention appears by the will.
Code 1852, §  1667;  Code 1915, §  3243;  Code 1935, §  3707;  12 Del. C. 1953, §  106;  59 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 206. After-acquired real estate.

§ 206. After-acquired real estate.
Any estate, right or interest in lands, acquired by a testator after the making of a will, shall pass thereby in manner as if possessed at the making of the will, unless a contrary intention appears by the will.
Code 1852, §  1668;  18 Del. Laws, c. 671, §  1;  Code 1915, §  3244;  Code 1935, §  3708;  12 Del. C. 1953, §  107;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 207. Power of sale of executor or trustee; liability of purchaser.

§ 207. Power of sale of executor or trustee; liability of purchaser.
(a) Where, by the terms of a will or trust instrument, an express power to sell real property is granted to a trustee, such trustee may sell or exchange such real property as is not specifically required to be distributed in kind to any beneficiary, and it shall not be necessary for any beneficiary of the trust to join in the instrument transferring or conveying such property.
(b) Where, by the terms of a will, an executor is expressly directed to sell real property, such executor may sell or exchange such real property and it shall not be necessary for any beneficiary of the estate to join in the instrument transferring or conveying such property.
(c) Where, by the terms of a will, an express power to sell real property is granted to an executor, such executor may sell or exchange such real property as is not specifically devised and as the executor reasonably believes, at the time of such sale or exchange, is necessary to be sold in order to pay the debts of the decedent or the expenses of administration (including estate and inheritance taxes and taxes imposed upon the income of the estate) of the estate, and it shall not be necessary for any beneficiary of the estate to join in the instrument transferring or conveying such property. In any sale of real estate authorized this subsection, it shall not be necessary for the executor to obtain an Order from the Court of Chancery authorizing the sale pursuant to Chapter 27 of this title.
(d) In any sale made by an executor, administrator or other personal representative or by a trustee pursuant to this section, there shall be no liability upon the purchaser to see to the application of the purchase money, unless the will or trust expressly imposes such liability, and the purchaser shall be entitled to rely without liability therefor upon the representation by the executor in the deed of conveyance that any sale of real property is for the purposes set forth in subsection (c) of this section.
(e) No conveyance by an executor, prior to January 1, 1985, of real property not specifically devised shall be invalid or ineffective solely because 1 or more devisees of such property failed to join in the instrument of conveyance.
(f) For purposes of this section, the term “executor” shall include any personal representative of a testate estate.
Code 1915, §§  3244-A;  30 Del. Laws, c. 208, §  1;  Code 1935, §  3709;  12 Del. C. 1953, §  108;  59 Del. Laws, c. 384, §  1;  64 Del. Laws, c. 252, §  1;  74 Del. Laws, c. 272, §§  1-3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 208. Revocation of wills generally.

§ 208. Revocation of wills generally.
A last will and testament, or any clause thereof, shall not be altered, or revoked, except by canceling by the testator, or by some person in the testator's presence and by the testator's express direction, or by a valid last will and testament, or by a writing signed by the testator, or by some person subscribing the testator's name in the testator's presence and by the testator's express direction, and attested and subscribed in the testator's presence by 2 or more credible witnesses; but this clause shall not preclude nor extend to an implied revocation.
Code 1852, §  1652;  Code 1915, §  3250;  Code 1935, §  3715;  12 Del. C. 1953, §  109;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 2. GENERAL PROVISIONS › Subchapter I. Tenets and Principles › § 209. Revocation by divorce; no revocation by other changes or circumstances.

§ 209. Revocation by divorce; no revocation by other changes or circumstances.
If after executing a will, the testator is divorced or the testator's marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse and any nomination of the former spouse, as executor, trustee, guardian or other fiduciary, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No changes or circumstances other than as described in this section revokes a will or any part thereof.
59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;