HB 213 — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO EVIDENCE AND WITNESSES.
Last action — Passed By Senate. Votes: 21 YES
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House. Introduced March 12, 2026. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Passed House
Current position in the legislative process.
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17 sponsors
17 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (13 D · 3 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
This Act establishes confidentiality for communications between victims and victim advocates.
The bill creates a legal privilege for confidential discussions between victims and their advocates, with certain exceptions. It allows for the waiver of this privilege by the victim and outlines specific circumstances where the privilege may not apply.
What this means for you
- Workers: For professionals working as victim advocates, this bill outlines the protection of their communications with victims, reinforcing the importance of their role.
- Families: This means that families of victims can engage in supportive conversations with advocates, knowing that these communications are generally confidential.
- Healthcare: This bill may impact healthcare providers by clarifying the limits of confidentiality when working with victims and advocates, especially in cases of mandated reporting.
Summary
This Act creates a privilege for confidential communications between a victim and a victim advocate. The victim can waive the privilege with a signed waiver. The privilege may also be overcome in certain circumstances, including mandated reporting of child abuse, communications relating to the intent to commit a violent crime, and in state custody and child abuse cases. This Act defines a victim advocate as an employee of a victim services agency, or formal volunteer under the supervision of an employee of a victim services agency who has completed a minimum of 20 hours of advocacy training. This substitute bill incorporates the change from HA1 to House Bill No. 213 regarding the exception for child abuse and state custody cases. It also explicitly excludes law-enforcement agencies and the Department of Justice from the definition of victim services agency. It clarifies that the victim advocate may claim the privilege but only on behalf of the victim. Finally, it adds a process and criteria for a defendant in a criminal case to overcome the privilege in certain circumstances. This is intended to mirror the exception to the therapist-client privilege articulated in Burns v. State, 968 A.2d 1012 (2009).
Bill Text
- Bill Text View text Current pdf
Action History
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
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Assigned to Judiciary Committee in Senate
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Passed By House. Votes: 39 YES 2 ABSENT
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was introduced and adopted in lieu of HB 213
Sponsors
- Stell Parker Selby · Primary
- John "Jack" Walsh · Primary
- Spiros Mantzavinos · Primary
- Claire Snyder-Hall · Primary
- Josue O Ortega · Primary
- Kerri Evelyn Harris · Primary
- Michael F. Smith · Primary
- Daniel B. Short · Primary
- Cyndie Romer · Primary
- Eric Morrison · Primary
- Russell Huxtable · Primary
- Darius J. Brown · Primary
- Nicole Poore · Primary
- Brian Pettyjohn · Primary
- William Bush · Primary
- Krista Griffith · Primary
- Melanie Ross Levin · Primary
Sponsorship breakdown
Export CSV (upgrade) →17 sponsors · 0 co-sponsors · 45 not signed on
Sponsors (17)
- Stell Parker Selby
- John "Jack" Walsh Democratic
- Spiros Mantzavinos Democratic
- Claire Snyder-Hall Democratic
- Josue O Ortega Democratic
- Kerri Evelyn Harris Democratic
- Michael F. Smith Republican
- Daniel B. Short Republican
- Cyndie Romer Democratic
- Eric Morrison Democratic
- Russell Huxtable Democratic
- Darius J. Brown Democratic
- Nicole Poore Democratic
- Brian Pettyjohn Republican
- William Bush Democratic
- Krista Griffith Democratic
- Melanie Ross Levin Democratic
Co-sponsors (0)
None.
Not signed on (45)
45 members have not signed on to this bill.
Show all 45 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 15 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Ray Seigfried | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 26 | 0 | 0 | 1 |
| Republican | 13 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Alonna Berry | Democratic | Yea |
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Yea |
| Kamela T Smith | Democratic | Yea |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Yea |
| Sherae'a Moore | Democratic | Not Voting |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Yea |
| Charles S Postles Jr. | Republican | Yea |
| Daniel B. Short | Republican | Yea |
| Jeff Hilovsky | Republican | Not Voting |
| Jeffrey N. Spiegelman | Republican | Yea |
| Jesse R. Vanderwende | Republican | Yea |
| Kevin S Hensley | Republican | Yea |
| Lyndon D. Yearick | Republican | Yea |
| Michael F. Smith | Republican | Yea |
| Richard G. Collins | Republican | Yea |
| Ronald E. Gray | Republican | Yea |
| Shannon Morris | Republican | Yea |
| Timothy D. Dukes | Republican | Yea |
| Valerie Jones Giltner | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 213 do?
- This Act creates a privilege for confidential communications between a victim and a victim advocate. The victim can waive the privilege with a signed waiver. The privilege may also be overcome in certain circumstances, including mandated reporting of child abuse, communications relating to the intent to commit a violent crime, and in state custody and child abuse cases. This Act defines a victim advocate as an employee of a victim services agency, or formal volunteer under the supervision of an employee of a victim services agency who has completed a minimum of 20 hours of advocacy training. This substitute bill incorporates the change from HA1 to House Bill No. 213 regarding the exception for child abuse and state custody cases. It also explicitly excludes law-enforcement agencies and the Department of Justice from the definition of victim services agency. It clarifies that the victim advocate may claim the privilege but only on behalf of the victim. Finally, it adds a process and criteria for a defendant in a criminal case to overcome the privilege in certain circumstances. This is intended to mirror the exception to the therapist-client privilege articulated in Burns v. State, 968 A.2d 1012 (2009).
- Who sponsors HB 213?
- HB 213 is sponsored by Stell Parker Selby, John "Jack" Walsh (Democratic), Spiros Mantzavinos (Democratic), Claire Snyder-Hall (Democratic), Josue O Ortega (Democratic), Kerri Evelyn Harris (Democratic), Michael F. Smith (Republican), Daniel B. Short (Republican), Cyndie Romer (Democratic), Eric Morrison (Democratic), Russell Huxtable (Democratic), Darius J. Brown (Democratic), Nicole Poore (Democratic), Brian Pettyjohn (Republican), William Bush (Democratic), Krista Griffith (Democratic), and Melanie Ross Levin (Democratic).
- What is the current status of HB 213?
- This bill has passed the House. Introduced March 12, 2026. It now moves to the second chamber.
- Where can I track HB 213?
- Track HB 213 free on One Click Politics — get push/email alerts when it moves.
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