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HB 213

BillStateDEHouse
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO EVIDENCE AND WITNESSES.
About This Bill
Latest Action · Jun 23, 2026
Passed By Senate. Votes: 21 YES
Session
153
Introduced
Mar 12, 2026
Primary Sponsor
Krista Griffith· primary

Summary

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This Act creates a privilege for confidential communications between a victim and a victim advocate. The victim can waive the privilege with a signed waiver. The privilege may also be overcome in certain circumstances, including mandated reporting of child abuse, communications relating to the intent to commit a violent crime, and in state custody and child abuse cases. This Act defines a victim advocate as an employee of a victim services agency, or formal volunteer under the supervision of an employee of a victim services agency who has completed a minimum of 20 hours of advocacy training. This substitute bill incorporates the change from HA1 to House Bill No. 213 regarding the exception for child abuse and state custody cases. It also explicitly excludes law-enforcement agencies and the Department of Justice from the definition of victim services agency. It clarifies that the victim advocate may claim the privilege but only on behalf of the victim. Finally, it adds a process and criteria for a defendant in a criminal case to overcome the privilege in certain circumstances. This is intended to mirror the exception to the therapist-client privilege articulated in Burns v. State, 968 A.2d 1012 (2009).

Co-sponsors (16)

William Bush · primary
Brian Pettyjohn · primary
Nicole Poore · primary
Darius J. Brown · primary
Russell Huxtable · primary
Eric Morrison · primary
Cyndie Romer · primary
Daniel B. Short · primary
Michael F. Smith · primary
Stell Parker Selby · primary
Kerri Evelyn Harris · primary
Josue O Ortega · primary
Melanie Ross Levin · primary
Claire Snyder-Hall · primary
Spiros Mantzavinos · primary
John "Jack" Walsh · primary

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