Law enforcement agencies would review complaints about their failure to follow victims’ rights law

A law enforcement agency supervisor would review complaints that the agency failed to follow Delaware’s crime victims’ rights law. Victims, witnesses, or people acting for them could file these complaints. If the agency finds that it followed the law, its written finding must explain how to complain to the Department of Justice. After investigating a complaint, the agency would send its findings to the person who complained.

Delaware’s crime victims’ rights law would define which offenses count as crimes under that law. The listed offenses include crimes against people, certain property crimes, and crimes involving children or vulnerable adults. Any offense would also count if it was committed against someone in a protected class named in Delaware law, if the conduct itself is abuse as defined there, or if it provides grounds for a sexual violence protection order.

Officers could not hold covered people solely over an actual or suspected immigration violation or turn them over to federal immigration authorities without a judge’s warrant or valid court order. The rule covers victims and witnesses of covered crimes and others who can give evidence in a criminal investigation. A judge’s warrant or valid court order is an exception to this prohibition.

Law enforcement agencies could not disclose protected school information, and courts could not require it in criminal testimony, except in specified circumstances. The rules protect victims, witnesses, and members of their families. The courtroom rule applies when they testify in a criminal case. Disclosure is allowed with written permission or when the school is the site of the crime. Disclosure is also allowed when law or criminal court rules require it, police work makes it necessary, or a court finds both good cause and a need for it. A school district or charter school may receive a limited alert about a child, or a student still in high school after turning 18, who was at a traumatic event.