Bill Sponsor
Delaware House Bill 213
Session 153
An Act To Amend Title 10 Of The Delaware Code Relating To Evidence And Witnesses.
Became Law
Became Law
Signed by Governor on Sep 14, 2026
Sponsorship by Party
Republican
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Summary
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).
Actions (6)
09/14/2026
Office of the Governor
Signed by Governor
06/23/2026
Senate
Passed By Senate. Votes: 21 YES
05/06/2026
Senate
Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
03/17/2026
Senate
Assigned to Judiciary Committee in Senate
03/17/2026
House
Passed By House. Votes: 39 YES 2 ABSENT
03/12/2026
House
was introduced and adopted in lieu of HB 213
Sources
Record Created
Jun 11, 2025 6:19:30 PM
Record Updated
Sep 19, 2026 8:25:29 AM