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DE SB18
Bill
Status
1/27/2015
Primary Sponsor
Robert Marshall
Click for details
AI Summary
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Amends Article I, Section 12 of the Delaware Constitution to expand circumstances under which bail may be withheld to include Class A or B violent felony offenses, in addition to capital murder cases.
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Requires that bail can only be withheld for non-capital violent felonies when no condition or combination of conditions other than detention will reasonably assure the safety of any person or the community.
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Establishes a 120-day trial deadline for persons detained without bail on Class A or B violent felony offenses, unless the accused requests a delay; if trial does not occur within 120 days with no delay request, the person becomes eligible for bail.
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Constitutes the second constitutional amendment leg required under Delaware law, with identical provisions to a prior amendment passed by the 147th General Assembly in 2014.
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Requires two-thirds majority of both chambers to enact this amendment, which would modernize Delaware's bail system to align with procedures adopted by other states.
Legislative Description
An Act Concurring In A Proposed Amendment To Article 1, 12 Of The Delaware Constitution Of 1897, As Amended, Relating To Criminal Procedures.
Last Action
Laid On Table in Senate
6/25/2015