Delaware Code Title 11 Sec. 9403 – Nondisclosure of information about victim
(a) Unless a victim or witness waives confidentiality in writing, neither a law-enforcement agency, the prosecutor, nor the corrections department may disclose, except among themselves or as authorized by law, the residential address, telephone number or place of employment of the victim or a member of the victim’s family, or the identity, residential address, telephone number or place of employment of a witness or a member of the witness’s family, except to the extent that disclosure is of the site of the crime, is required by law or the Rules of Criminal Procedure, is necessary for law-enforcement purposes, or is permitted by the court for good cause.
Terms Used In Delaware Code Title 11 Sec. 9403
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Court: means the Superior Court, Family Court, Court of Common Pleas and the Justice of the Peace Court. See Delaware Code Title 11 Sec. 9401
- Crime: means an act or omission committed by a person, whether or not competent or an adult, which, if committed by a competent adult, is punishable by incarceration and which violates 1 or more of the following sections of this title:
OFFENSES AGAINST THE PERSON
601. See Delaware Code Title 11 Sec. 9401
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Prosecutor: means a representative of the office of the Attorney General. See Delaware Code Title 11 Sec. 9401
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Victim: includes a parent, guardian or custodian of a victim who is unable to meaningfully understand or participate in the legal process due to physical, psychological or mental impairment. See Delaware Code Title 11 Sec. 9401
- Witness: means any person other than a law-enforcement officer or probation officer who has knowledge of the existence or nonexistence of any fact related to any crime, or any person who has reported any crime to any law-enforcement officer or probation officer, or any person other than a law-enforcement officer or probation officer who has been designated for service with a subpoena issued by any court or by the Attorney General, or any person other than a law-enforcement officer or probation officer who would be believed by any reasonable person to be an individual described by this paragraph. See Delaware Code Title 11 Sec. 9401
(b) A court may not compel a victim or witness or a member of the victim’s or witness’s family testifying in a criminal justice proceeding to disclose a residential address or place of employment on the record unless the court finds that disclosure of the information is necessary.
(c) The victim’s address, place of employment and telephone number and any witness’s identity, address, place of employment and telephone number, maintained by a court, prosecutor or law-enforcement agency pursuant to this chapter is exempt from disclosure under the Freedom of Information Act [Chapter 100 of Title 29].
(d) An exception to this section is whenever a “peace officer” as defined in § 1901 of this title or an “emergency-care provider” as defined in § 2503A of Title 16 alerts a school district or charter school about the presence of a minor child or a child that has reached the age of 18 that continues to be enrolled in high school that has been identified at the scene of a traumatic event. The peace officer or emergency-care provider may only release the student’s name directly to the school district or charter school and state that the student was present at the scene of a traumatic event.
68 Del. Laws, c. 445, § ?1; 69 Del. Laws, c. 167, § ?1; 72 Del. Laws, c. 211, §§ ?3-5; 82 Del. Laws, c. 165, § 2;