HB 9 — AN ACT TO AMEND TITLE 11 OF THE DELAWAE CODE RELATING TO CRIMES.

Williams HOUSE& OFRep. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Longhurst TO& HOUSESen. BILL NO.

9Poore AMENDReps. House Bill No.

9Baumbach, atBolden, lineBrady, 5Briggs byKing, insertingChukwuocha, “ofGriffith, delinquency”K. after “adjudication” and before “or”.

FURTHERJohnson, AMENDKowalko, HouseLambert, BillMatthews, No.Mitchell, Morrison, Osienski, Ramone, Wilson-Anton;

9Sens. at line 7 by inserting “delinquent” after “adjudicated” and before “of”.

FURTHERBonini, AMENDBrown, HouseEnnis, BillGay, No.Hansen, Hocker, Lawson, Lockman, Lopez, Mantzavinos, S.

9McBride, atParadee, linePettyjohn, 9Pinkney, byRichardson, insertingSokola, “ofSturgeon, delinquency”Townsend, afterWalsh, “adjudication”Wilson andHOUSE beforeOF “or”REPRESENTATIVES as151st itGENERAL appearsASSEMBLY therein.HOUSE BILL NO.

FURTHER9 AN ACT TO AMEND HouseTITLE Bill11 No.OF THE DELAWAE CODE RELATING TO CRIMES.

9BE atIT lineENACTED 23BY byTHE insertingGENERAL “ofASSEMBLY delinquency”OF afterTHE “adjudication”STATE andOF beforeDELAWARE: “or”.

FURTHERSection AMEND1. House Bill No.

9Amend at§ line787, 26Title by11 insertingof “,the ChapterDelaware 9Code ofby Titlemaking 10,”deletions afteras “title”shown by strike through and beforeinsertions “or”.as shown by underline as follows:

FURTHER§ AMEND787 HouseTrafficking Billan No.individual forced labor and sexual servitude;

9class atD linefelony; 28 by inserting “or juvenile” after “criminal” and before “record”.

FURTHERclass AMENDC Housefelony; Bill No.

9class atB linefelony; 29 by inserting “of delinquency” after “adjudication” and before “or”.

FURTHERclass AMENDA Housefelony. Bill No.

9(j) atApplication linefor 31pardon by deleting the period after “conviction” and insertingpetition “orto adjudicationexpunge; of delinquency.” after “conviction”.

FURTHERmotion AMENDto Housevacate Billadjudication No.or conviction and expungement record.

9(2) atA lineperson 33convicted byor insertingadjudicated aof commaany aftercrime, “4376”except andthose bydeemed deletingto “and”be andviolent insertingfelonies “andpursuant to § 10194201 of Titlethis 10”title, aftercommitted “title”as anda beforedirect “apply”.result of being a victim of human trafficking may file a motion in the court in which the adjudication or conviction was obtained to vacate the adjudication or judgment of conviction.

SYNOPSISA Thismotion Amendmentfiled clarifiesunder thatthis theparagraph termmust: adjudication, as it relates to juveniles, means adjudication of delinquency.

a.

Be in writing;

b.

Be sent to the Delaware Department of justice;

and c.[Repealed] d.

Describe the evidence and provide copies of any official documents showing that the person is entitled to relief under this paragraph.

If the motion satisfies the foregoing requirements, the court shall hold a hearing on a motion, provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted.

Official documentation of the person’s status as a victim of this section, ”trafficking in persons”, or “a severe form of trafficking” from a federal, state, or local government agency shall create a presumption that the person’s participation in any crime, except those deemed to be violent felonies pursuant to §4201 of this title, committed was a direct HD :

MS :

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03/11/2021 12:18 PM result of having been a victim of human trafficking but shall not be required for the court to grant a petition under this paragraph.

If the petitioner can show to the satisfaction of the court that he or she is entitled to relief in a proceeding under this paragraph, the court shall grant the motion and, pursuant to this paragraph, enter an order vacating the adjudication or judgment of conviction and dismissing the accusatory pleading, and may take such additional action as is appropriate in the circumstances or as justice requires.

(3) Notwithstanding any provisions of Chapter 43 of this title or any other law to the contrary, any person filing a motion under paragraph (j)(2) of this section in Superior Court or Family Court may also seek in that motion expungement of the criminal record related to such conviction .If the court grants the motion to vacate the adjudication or conviction under paragraph (j)(2) of this section and the movant also requested expungement, the court’s order shall require expungement of the police and court records relating to the charge and conviction.

Such order shall contain a statement that the expungement is ordered pursuant to this paragraph and, not withstanding any limitations to the contrary, that the provisions of § 4372(e), 4376 and 4377 of this title apply to such order.

SYNOPSIS This Act adds the term “adjudication” to this section of the criminal code to enable juvenile defendants to petition the court for their adjudications of delinquency to be vacated and their juvenile criminal record to be expunged in regard to crimes, other than defined violent felonies, committed as a direct result of being victims of human trafficking.

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