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DE HB39

Bill

Status

Passed

6/4/2013

Primary Sponsor

Helene Keeley

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

HB39 - Bail Reform Bill Summary

  • Establishes mandatory conditions of release requiring defendants to appear in court and refrain from committing any criminal offenses, with courts considering victim/community safety and objective risk factors when setting bail.

  • Creates a "cash personal appearance bond" as a new bail option and presumes cash bail will be set for persons charged with violent felonies involving firearms or committed while on probation or pretrial release.

  • Requires persons posting bail for violent felonies to provide detailed information under penalty of perjury about the source of funds used, with courts authorized to conduct hearings to verify bail sufficiency and that funds were not derived from criminal activity.

  • Authorizes courts to revoke and forfeit bail of defendants released on violent felony charges who are subsequently arrested for another violent felony, with new bail set at twice the original amount in cash form only.

  • Establishes the "Fugitive Task Force Fund" from forfeited bail bonds (up to $500,000 cap) to be administered by the Department of Justice for locating and returning defendants who fail to appear in court.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Bail.

Last Action

Signed by Governor

6/4/2013

Committee Referrals

Judiciary4/16/2013

Full Bill Text

No bill text available