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DE SB221
Bill
Status
Introduced
6/1/2018
Primary Sponsor
Bryan Townsend
Click for details
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