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DE SB256
Bill
Status
6/14/2012
Primary Sponsor
John Mitchell
Click for details
AI Summary
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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
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Permits courts to restrict bail in non-capital cases on an individualized, fact-governed basis, allowing detention based on community safety concerns
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Brings Delaware's bail provisions into alignment with the Eighth Amendment of the United States Constitution and practices in other states
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Maintains the right of friends and counsel to access persons confined without bail on accusation for any offenses
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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