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DE SB221

Bill

Status

Introduced

6/1/2018

Primary Sponsor

Bryan Townsend

Click for details

Origin

Senate

149th General Assembly

AI Summary

  • Amends Article I, § 12 of the Delaware Constitution to modernize bail provisions and allow pretrial detention without bail in certain non-capital felony cases.
  • Retains the general right to bail before conviction, but permits bail to be withheld for capital offenses when proof is positive or presumption is great.
  • Allows bail to be withheld for other felonies only if proof is clear and convincing that no bail conditions can ensure court appearance, public safety, or prevent obstruction of justice.
  • Requires any statute defining non-capital felony offenses for which detention without bail is permitted to be enacted separately from the crime definition and approved by two-thirds of both houses of the General Assembly.
  • This is the first of two legs of a constitutional amendment; the second leg must also be enacted before the detention provisions take effect.

Legislative Description

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

Last Action

Laid On Table in Senate

6/27/2018

Committee Referrals

Executive6/1/2018

Full Bill Text

No bill text available