Subchapter II. Victims and Witnesses with Cognitive Disabilities
§ 9421. Legislative intent.
The General Assembly finds that it is necessary to provide every victim and witness with a cognitive disability, particularly
those whose disability renders them the emotional or mental equivalent of a child, with additional consideration and different
treatment than that usually required for adult victims and witnesses who are not cognitively disabled. It is therefore the
intent of the General Assembly to provide each victim and witness with a cognitive disability who is involved in a criminal
proceeding with certain fundamental rights and protections.
74 Del. Laws, c. 44, § 1.;
§ 9422. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
(1) "Cognitive disability" means a developmental disability that substantially impairs an individual's cognitive abilities
including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic
condition, as well as nonorganic brain disorders commonly called functional disorders. "Cognitive disability" also includes
conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation
because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that
of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those
required for persons who have been diagnosed with mental retardation.
(2) "Victim" or "witness" shall not include any person with a cognitive disability accused of committing a felony; provided
however, that the word "victim" or "witness" may, in the court's discretion, include:
a. A person with a cognitive disability where such person's participation in a felony appears to have been induced, coerced
or unwilling; or
b. A person with a cognitive disability who has participated in the felony, but who has subsequently and voluntarily agreed
to testify on behalf of the State.
74 Del. Laws, c. 44, § 1.;
§ 9423. Expedited proceedings.
In all criminal proceedings involving a victim or witness with a cognitive disability, the court and the prosecution shall
take appropriate action to ensure a prompt trial in order to minimize the length of time the victim or witness must endure
the stress of the victim's or witness's involvement in the proceedings. In ruling on any motion or other request for a delay
or continuance of proceedings, the court shall consider and give weight to any adverse impact such delay or continuance might
have on the well-being of any victim or witness with a cognitive disability.
74 Del. Laws, c. 44, § 1; 70 Del. Laws, c. 186, § 1.;
§ 9424. Additional rights and services.
(a) A victim or witness with a cognitive disability is entitled to an explanation, in language the victim or witness understands,
of all legal proceedings in which the victim or witness is to be involved.
(b) A victim or witness with a cognitive disability is entitled to be accompanied, in all proceedings, by a "friend" or other
person in whom the victim or witness trusts, which person shall be permitted to advise the judge, when appropriate and as
a friend of the court, regarding the cognitively disabled person's ability to understand proceedings and questions.
(c) A victim or witness with a cognitive disability is entitled to information about, and referrals to, appropriate social
services and programs to assist the victim or witness, and the victim's or witness's family, in coping with the emotional
impact of the crime, and the subsequent court proceedings in which the victim or witness is to become involved.
74 Del. Laws, c. 44, § 1; 70 Del. Laws, c. 186, § 1.;
Subchapter II. Victims and Witnesses with Cognitive Disabilities
§ 9421. Legislative intent.
The General Assembly finds that it is necessary to provide every victim and witness with a cognitive disability, particularly
those whose disability renders them the emotional or mental equivalent of a child, with additional consideration and different
treatment than that usually required for adult victims and witnesses who are not cognitively disabled. It is therefore the
intent of the General Assembly to provide each victim and witness with a cognitive disability who is involved in a criminal
proceeding with certain fundamental rights and protections.
74 Del. Laws, c. 44, § 1.;
§ 9422. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
(1) "Cognitive disability" means a developmental disability that substantially impairs an individual's cognitive abilities
including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic
condition, as well as nonorganic brain disorders commonly called functional disorders. "Cognitive disability" also includes
conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation
because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that
of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those
required for persons who have been diagnosed with mental retardation.
(2) "Victim" or "witness" shall not include any person with a cognitive disability accused of committing a felony; provided
however, that the word "victim" or "witness" may, in the court's discretion, include:
a. A person with a cognitive disability where such person's participation in a felony appears to have been induced, coerced
or unwilling; or
b. A person with a cognitive disability who has participated in the felony, but who has subsequently and voluntarily agreed
to testify on behalf of the State.
74 Del. Laws, c. 44, § 1.;
§ 9423. Expedited proceedings.
In all criminal proceedings involving a victim or witness with a cognitive disability, the court and the prosecution shall
take appropriate action to ensure a prompt trial in order to minimize the length of time the victim or witness must endure
the stress of the victim's or witness's involvement in the proceedings. In ruling on any motion or other request for a delay
or continuance of proceedings, the court shall consider and give weight to any adverse impact such delay or continuance might
have on the well-being of any victim or witness with a cognitive disability.
74 Del. Laws, c. 44, § 1; 70 Del. Laws, c. 186, § 1.;
§ 9424. Additional rights and services.
(a) A victim or witness with a cognitive disability is entitled to an explanation, in language the victim or witness understands,
of all legal proceedings in which the victim or witness is to be involved.
(b) A victim or witness with a cognitive disability is entitled to be accompanied, in all proceedings, by a "friend" or other
person in whom the victim or witness trusts, which person shall be permitted to advise the judge, when appropriate and as
a friend of the court, regarding the cognitively disabled person's ability to understand proceedings and questions.
(c) A victim or witness with a cognitive disability is entitled to information about, and referrals to, appropriate social
services and programs to assist the victim or witness, and the victim's or witness's family, in coping with the emotional
impact of the crime, and the subsequent court proceedings in which the victim or witness is to become involved.
74 Del. Laws, c. 44, § 1; 70 Del. Laws, c. 186, § 1.;
Subchapter II. Victims and Witnesses with Cognitive Disabilities
§ 9421. Legislative intent.
The General Assembly finds that it is necessary to provide every victim and witness with a cognitive disability, particularly
those whose disability renders them the emotional or mental equivalent of a child, with additional consideration and different
treatment than that usually required for adult victims and witnesses who are not cognitively disabled. It is therefore the
intent of the General Assembly to provide each victim and witness with a cognitive disability who is involved in a criminal
proceeding with certain fundamental rights and protections.
74 Del. Laws, c. 44, § 1.;
§ 9422. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
(1) "Cognitive disability" means a developmental disability that substantially impairs an individual's cognitive abilities
including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic
condition, as well as nonorganic brain disorders commonly called functional disorders. "Cognitive disability" also includes
conditions of mental retardation, severe cerebral palsy, and any other condition found to be closely related to mental retardation
because such condition results in the impairment of general intellectual functioning or adaptive behavior similar to that
of persons who have been diagnosed with mental retardation, or such condition requires treatment and services similar to those
required for persons who have been diagnosed with mental retardation.
(2) "Victim" or "witness" shall not include any person with a cognitive disability accused of committing a felony; provided
however, that the word "victim" or "witness" may, in the court's discretion, include:
a. A person with a cognitive disability where such person's participation in a felony appears to have been induced, coerced
or unwilling; or
b. A person with a cognitive disability who has participated in the felony, but who has subsequently and voluntarily agreed
to testify on behalf of the State.
74 Del. Laws, c. 44, § 1.;
§ 9423. Expedited proceedings.
In all criminal proceedings involving a victim or witness with a cognitive disability, the court and the prosecution shall
take appropriate action to ensure a prompt trial in order to minimize the length of time the victim or witness must endure
the stress of the victim's or witness's involvement in the proceedings. In ruling on any motion or other request for a delay
or continuance of proceedings, the court shall consider and give weight to any adverse impact such delay or continuance might
have on the well-being of any victim or witness with a cognitive disability.
74 Del. Laws, c. 44, § 1; 70 Del. Laws, c. 186, § 1.;
§ 9424. Additional rights and services.
(a) A victim or witness with a cognitive disability is entitled to an explanation, in language the victim or witness understands,
of all legal proceedings in which the victim or witness is to be involved.
(b) A victim or witness with a cognitive disability is entitled to be accompanied, in all proceedings, by a "friend" or other
person in whom the victim or witness trusts, which person shall be permitted to advise the judge, when appropriate and as
a friend of the court, regarding the cognitively disabled person's ability to understand proceedings and questions.
(c) A victim or witness with a cognitive disability is entitled to information about, and referrals to, appropriate social
services and programs to assist the victim or witness, and the victim's or witness's family, in coping with the emotional
impact of the crime, and the subsequent court proceedings in which the victim or witness is to become involved.
74 Del. Laws, c. 44, § 1; 70 Del. Laws, c. 186, § 1.;