Delaware 2025-2026 Regular Session

Delaware House Bill HB201

Introduced
6/5/25  

Caption

An Act To Amend Title 11 Of The Delaware Code Relating To Victims Of Human Trafficking.

Impact

The bill significantly impacts state laws concerning the handling of human trafficking cases. Specifically, it changes the existing framework under which victims can petition for vacatur by eliminating the mandatory requirement for a hearing unless contested by the Attorney General. This means many victims could have their motions granted with less emotional strain and exposure to judicial processes. Furthermore, the measures aim to encourage victims to engage with the legal system by making it more accessible and less daunting.

Summary

House Bill 201 is legislation aimed at enhancing the rights and protections of victims of human trafficking in Delaware. By amending Title 11 of the Delaware Code, this bill seeks to streamline the process through which victims can vacate convictions or adjudications obtained as a consequence of being trafficked. It aims to remove barriers, thus allowing victims to obtain necessary legal relief without experiencing additional trauma. This includes provisions for confidentiality during the vacatur process and the establishment of guidelines for expunging criminal records related to such convictions.

Sentiment

The sentiment surrounding HB 201 is generally positive among advocates for victims of human trafficking, who see it as a much-needed reform to support victims' reintegration into society. Legislative supporters argue that this bill constitutes a significant step in acknowledging and addressing the injustices faced by trafficking victims. However, there may be some contention regarding the balance of judicial oversight and the expedited processes being introduced, raising questions about potential misuse and ensuring thoroughness in legal evaluations.

Contention

Notable points of contention in the discussion of HB 201 relate to the balance between facilitating victim recovery and maintaining judicial rigor. Some stakeholders may have concerns about the safeguard measures that need to be in place to prevent any instances of misuse of the vacatur process. Critics may voice apprehension that changes leading to less formal hearings could compromise the integrity of adjudications, requiring ongoing dialogue about judicial discretion and the protection of victims’ rights.

Companion Bills

No companion bills found.

Similar Bills

NJ A1916

Provides for process to vacate and expunge certain arrests, charges, complaints, convictions, other dispositions, and DNA records, associated with violations by certain human trafficking victims.

NJ A2669

Provides for process to vacate and expunge certain arrests, charges, complaints, convictions, other dispositions, and DNA records, associated with violations by certain human trafficking victims.

LA HB1025

Provides relative to human trafficking, trafficking of children for sexual purposes, and commercial sexual exploitation (EN INCREASE GF EX See Note)

LA SB152

Provides relative to sentencing of defendants who are victims of domestic abuse, sexual assault, or human trafficking. (8/1/25)

CA SB1017

Leases: termination of tenancy: abuse or violence.

CA AB124

Criminal procedure.

CA AB828

Temporary moratorium on foreclosures and unlawful detainer actions: coronavirus (COVID-19).

MA S1186

To ensure fair access to compensation for victims of human trafficking and forced labor