§ 5106 — Plea negotiations by the State

(a) In every criminal case in the Superior Court involving a felony wherein the Department of Justice agrees to accept a plea of guilty to less than the original most serious charge indicted by the county grand jury or originally filed by information, the prosecuting attorney shall state on the record:

(1) That the prosecuting attorney notified and discussed the plea agreement with the victim prior to its entry; or

(2) If notification was not reasonably possible, what steps were taken to give such information to the victim.

(b) In any case where the victim is deceased, the information required by subsection (a) of this section shall be given to any known next of kin. If the victim is an organization, such information shall be given to a responsible officer. If the victim is a minor child, such information shall be given to the parent or guardian of said child.

(c) For purposes of this section, “victim” is one who was injured or killed as the result of a criminal offense or who suffered monetary loss as a result of such an offense.

(d) No violation of this section shall be considered as a basis for setting aside a guilty plea entered by a defendant or for any other relief.

Legislative History

67 Del. Laws, c. 317, § 1 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 71, § 2