DE HB251

Proposes amending Section 12 of Article I of the Delaware Constitution to deny bail for individuals charged with possession of a firearm during the commission of a felony.

Expands the existing constitutional exception to bail (currently limited to capital offenses) to include firearm possession charges when proof is positive or presumption is great that the defendant committed the offense.

Cites data showing 77% of 158 people suspected in Delaware shootings in 2020 had at least one arrest for violent felony, with 57% having three or more such arrests.

States that allowing quick release of individuals arrested for carrying firearms while committing felonies undermines public faith in the criminal justice system and creates fear in communities.

Requires approval by two-thirds of all members elected to each house of the General Assembly to become effective.