Delaware Code § 11-9402

Compliance with chapter
Open in Lexace · Ask the AI about this section
(a) The Department of Justice shall enforce compliance with this chapter on behalf of victims, witnesses, and members of their families.
(1) Each law-enforcement agency shall designate a supervisor who shall receive, review, and promptly address complaints of
noncompliance with this chapter.
(2) A complaint under paragraph (a)(1) of this section may be filed by the victim, witness, or by an individual on behalf of a victim
or witness.
(3) a. At the conclusion of the investigation of a complaint under paragraph (a)(2) of this section, the law-enforcement agency shall
send the complainant a written summary of the investigation that states whether or not the law-enforcement agency complied with
this chapter.
b. If the law-enforcement agency finds that it complied with this chapter, the written summary under paragraph (a)(3)a. of this
section must include information regarding how a complaint against the law-enforcement agency may be made to the Department
of Justice.

(b) (1) The failure to comply with this chapter does not create a claim for damages against a government employee, official, or entity.
(2) In addition to the administrative remedy under subsection (a) of this section, the sole civil or criminal remedy available to a victim
or witness for a law-enforcement agency's failure to fulfill its responsibilities under this chapter is standing to file a writ of mandamus
under § 564 of Title 10 to require compliance with those requirements.
(c) (1) The failure to provide a right, privilege, or notice to a victim or witness under this chapter does not affect the validity of an
agreement between the State and the defendant or of an amendment, dismissal, plea, pretrial diversion, or other disposition of the case.
(2) A defendant or person accused or convicted of a crime against the victim does not have standing to object to any failure to comply
with the requirements under this chapter.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.