HB 213 DE
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO EVIDENCE AND WITNESSES.
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Summary
Delaware HB 213 creates a legal privilege protecting confidential communications between a victim and a victim advocate, meaning such communications generally cannot be disclosed without the victim's consent. A victim advocate is defined as an employee or formally supervised volunteer of a victim services agency who has completed at least 20 hours of advocacy training, with law enforcement agencies and the Department of Justice explicitly excluded from the definition. The privilege can be waived by the victim through a signed waiver and may be overcome in certain circumstances, including mandatory reporting of child abuse, communications about intent to commit violent crimes, and in state custody and child abuse cases. The bill establishes a process allowing defendants in criminal cases to overcome the privilege under certain criteria, similar to existing exceptions to the therapist-client privilege. The victim advocate may claim the privilege, but only on behalf of the victim.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
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).
Sponsors (17)
- Krista Griffith Democratic · primary
- William Bush Democratic · primary
- Brian Pettyjohn Republican · primary
- Nicole Poore Democratic · primary
- Darius J. Brown Democratic · primary
- Russell Huxtable Democratic · primary
- Eric Morrison Democratic · primary
- Cyndie Romer Democratic · primary
- Daniel B. Short Republican · primary
- Michael F. Smith Republican · primary
- Stell Parker Selby · primary
- Kerri Evelyn Harris Democratic · primary
- Josue O Ortega Democratic · primary
- Melanie Ross Levin Democratic · primary
- Claire Snyder-Hall Democratic · primary
- Spiros Mantzavinos Democratic · primary
- John "Jack" Walsh Democratic · primary
Action history (5)
- Mar 12, 2026 was introduced and adopted in lieu of HB 213 · lower
- Mar 17, 2026 Passed By House. Votes: 39 YES 2 ABSENT · lower
- Mar 17, 2026 Assigned to Judiciary Committee in Senate · upper
- May 6, 2026 Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits · upper
- Jun 23, 2026 Passed By Senate. Votes: 21 YES · upper
Full text
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