DE SB11

Proposes amending Article I, § 12 of the Delaware Constitution to modernize bail provisions and clarify when pretrial detention without bail may be permitted.

Retains the general right to bail for all persons before conviction, while establishing two exceptions: capital offenses when proof is positive or presumption is great, and other felony offenses expressly prescribed by law.

Requires that for non-capital felonies designated by law, detention without bail is only permitted when clear and convincing proof shows no bail condition or combination of conditions will ensure appearance, public safety, or prevent obstruction of justice.

Changes language from "all prisoners shall" to "all persons shall, before conviction," expanding the scope of bail rights beyond imprisoned individuals.

Requires subsequent legislation by the General Assembly to identify specific felony offenses and procedures for implementing detention without bail in non-capital cases; the constitutional amendment alone does not authorize such detention.