Delaware § 9402 Compliance with chapter

Delaware Statutes

§ 9402 — Compliance with chapter

Delaware·Title 11·Part Victims of Crimes·Ch. 94 Crime Victims’ Bill of Rights·Subch. Crime Victims’ Rights

(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 wr

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(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.

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