Delaware House Bill 201
Session 153
An Act To Amend Title 11 Of The Delaware Code Relating To Victims Of Human Trafficking.
Active
Passed Senate on Apr 16, 2026
Sponsors
28 Sponsors
Sarah McBride
First Action
Jun 5, 2025
Latest Action
Apr 16, 2026
Origin Chamber
House
Type
Bill
Bill Number
201
State
Delaware
Session
153
Sarah McBride
grade
Primary
checkPassed on January 28, 2026
Motion Text
SM
House Roll Call Votes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Summary
This Act strengthens essential protections for victims of human trafficking by removing practical barriers that prevent victims from getting convictions or juvenile delinquency adjudications obtained as a result of being a victim of human trafficking vacated and the related criminal or juvenile records expunged.
This Act amends § 787 of Title 11 in the following ways:
(1) Requires a showing that the offense to be vacated was committed “as a result”, instead of “as a direct result”, of the victims having been trafficked, which recognizes that victims of human trafficking may engage in a range of criminal behaviors related to their exploitation.
(2) Provides that a motion to vacate and any hearing or proceeding related to the motion to vacate must remain confidential, unless the court determines good cause exists to open the proceeding, so a victim of human trafficking may seek relief without fear of revictimization.
(3) Eliminates the requirement of a mandatory hearing on a motion to vacate unless the Attorney General files a timely objection to the motion. This will allow victims to obtain relief on uncontested motions without needing to relive their trauma through questioning at a formal hearing.
(4) Clarifies that the standard of proof for determining eligibility for vacating an adjudication or conviction under § 787(j) is by a preponderance of evidence.
(5) Allows a victim to vacate a conviction or adjudication of delinquency under § 787(j) and expunge the records of that conviction or adjudication. Additionally, this Act allows the court to order immediate expungement sua sponte or on request and allows expungements to be ordered by the court deciding the motion to vacate.
(6) Establishes guidelines for the Attorney General to request an extension of time, if needed, to respond to a motion to vacate.
This Act also aligns the standards for a defense to a charge of prostitution or loitering from “as a direct result” to “as a result” of human trafficking. This matches the change made to the vacatur provisions and keeps the standards in § 787 consistent.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sort by most recent
04/16/2026
Senate
Passed By Senate. Votes: 20 YES 1 ABSENT
03/25/2026
Senate
Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 4 On Its Merits
01/28/2026
Senate
Assigned to Judiciary Committee in Senate
01/28/2026
House
Passed By House. Votes: 41 YES
01/14/2026
House
Reported Out of Committee (Judiciary) in House with 10 Favorable, 1 On Its Merits
06/05/2025
House
Introduced and Assigned to Judiciary Committee in House
Sources
Open States
Record Created
Jun 5, 2025 4:25:19 PM
Record Updated
Apr 17, 2026 4:00:40 AM