(a) Residents of neighborhoods where illegal drug activity occurs shall collectively be entitled to all of the rights, privileges and notice requirements otherwise provided to victims under this chapter, provided that:
(1) There exists within the residents' neighborhood a neighborhood or homeowners' association, which shall serve as the residents' designated agent for all purposes under this chapter;
(2) The neighborhood or homeowners' association has been legally incorporated in accordance with Delaware's General Corporation Law;
(3) The neighborhood or homeowners' association has been recognized by its local government jurisdiction, through actual practice or by specific designation, as duly representative of the residents of its surrounding neighborhood; and
(4) The neighborhood or homeowners' association has given prior written notice to all state and local police authorities whose jurisdiction encompasses all or any portion of the geographical area represented by the association, specifying its election to prevail itself of the rights, privileges and notice requirements provided under this chapter and the name, address and telephone number of the representative of the neighborhood or homeowners' association to whom all notices or other communications required under this chapter shall be given. Any police authority so notified shall thereafter identify the neighborhood or homeowners' association as a victim for purposes of this chapter in any police report, criminal complaint, warrant, indictment, information or other charging document in which any person is subsequently charged with violating any provision of subchapter IV of Chapter 47 of Title 16 or any successor law within the geographical area represented by the association.
(b) For purposes of this section, “illegal drug activity” means the unlawful selling, serving, storing, giving away or manufacturing of (which includes production, preparation, compounding, conversion, processing, packaging or repackaging) of any drug, which includes all narcotic or psychoactive drugs, cannabis, cocaine and all controlled substances as defined in the Delaware Uniform Controlled Substances Act [Chapter 47 of Title 16].
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 94. Victims’ Bill of Rights
Subchapter I. Victims Generally
§ 9402. Compliance with chapter.
§ 9403. Nondisclosure of information about victim.
§ 9404. Victim's interest in speedy prosecution; child victim or witness.
§ 9405. Prosecutor to confer with victim.
§ 9407. Presence at court proceedings; notice.
§ 9408. Prompt return of property.
§ 9409. Limitations on employer.
§ 9410. Information from law-enforcement agency.
§ 9411. Information concerning pretrial and trial matters.
§ 9412. Information concerning appeal or post-conviction remedies.
§ 9413. Information concerning confinement.
§ 9414. General requirements for information.
§ 9417. Requirement of state agencies to file annual reports.
§ 9419. Rights of qualifying neighborhood or homeowners' associations.