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DE SB256

Bill

Status

Introduced

6/14/2012

Primary Sponsor

John Mitchell

Click for details

Origin

Senate

146th General Assembly

AI Summary

  • Amends Section 12 of Article I of the Delaware Constitution to restrict bail eligibility in capital offenses when proof is positive or presumption is great, rather than making all prisoners bailable by sufficient sureties

  • Permits courts to restrict bail in non-capital cases on an individualized, fact-governed basis, allowing detention based on community safety concerns

  • Brings Delaware's bail provisions into alignment with the Eighth Amendment of the United States Constitution and practices in other states

  • Maintains the right of friends and counsel to access persons confined without bail on accusation for any offenses

  • Represents the first phase of a constitutional amendment to modernize Delaware's bail procedures while ensuring consistency between state and federal constitutional protections

Legislative Description

An Act Proposing An Amendment To Article I, 12 Of The Delaware Constitution Of 1897, As Amended, Relating To Criminal Procedures.

Last Action

Defeated by Senate. Votes: Defeated 9 YES 11 NO 1 NOT VOTING 0 ABSENT 0 VACANT

6/21/2012

Committee Referrals

Executive6/14/2012

Full Bill Text

No bill text available