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DE SB152

Bill

Status

Introduced

7/31/2019

Primary Sponsor

Bryan Townsend

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Origin

Senate

150th General Assembly

AI Summary

SB152 Summary

  • Establishes preventive detention procedures allowing courts to detain certain defendants pretrial without bail if the Attorney General proves by clear and convincing evidence that no conditions of release can ensure court appearance or public safety.

  • Expands detention eligibility to include Class A felonies, specific Class B felonies (violent crimes, sexual offenses, trafficking), firearm possession by prohibited persons, and violent felonies committed while pending trial or on probation.

  • Creates due process protections including right to counsel within 24 hours, full detention hearing within 10 days with defendant testimony rights, and immediate Superior Court review of detention orders.

  • Imposes speedy trial requirements: detained defendants must be indicted within 45 days (extendable to 75 days), trial must commence within 90 days of indictment, and defendants must be released after 2 years if prosecution is not ready to proceed.

  • Requires courts to presume release on least restrictive non-monetary conditions possible; mandates Statistical Analysis Center to collect and annually report detention data disaggregated by race, gender, and zip code.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Release Of Persons Accused Of Crimes.

Last Action

Introduced and Assigned to Judicial Committee in Senate

7/31/2019

Committee Referrals

Judicial7/31/2019

Full Bill Text

No bill text available