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DE SB39

Bill

Status

Passed

4/13/2021

Primary Sponsor

Kyle Gay

Click for details

Origin

Senate

151st General Assembly

AI Summary

  • Clarifies that Probation Before Judgment (PBJ) may be granted for multiple charges arising from a single arrest when the Delaware Department of Justice does not enter an appearance

  • Allows defendants to receive PBJ more than once within a 5-year period if the offenses are under different titles of the Delaware Code (e.g., a 2017 speeding offense under Title 21 would not bar PBJ for a Title 11 bad check charge in 2019)

  • Removes prior juvenile delinquency adjudications as a disqualifying factor for PBJ eligibility, allowing individuals with juvenile records to access the program as adults

  • Maintains existing restrictions barring PBJ for those currently incarcerated or on probation/parole, those with prior violent felony convictions, and commercial driver's license holders charged with motor vehicle offenses

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Probation Before Judgment.

Last Action

Signed by Governor

4/13/2021

Committee Referrals

Judiciary3/12/2021
Judiciary3/9/2021

Full Bill Text

No bill text available