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DE SB11
Bill
Status
7/1/2025
Primary Sponsor
Bryan Townsend
Click for details
AI Summary
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Amends Article I, Section 12 of the Delaware Constitution to expand the categories of offenses for which pretrial bail may be denied beyond capital offenses
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Allows the General Assembly to designate specific felony offenses as potentially non-bailable, requiring a two-thirds vote of both houses to add or remove such designations
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Requires courts to find by clear and convincing evidence that no release conditions can reasonably assure court appearance, protect the community/victims/witnesses, and maintain judicial integrity before denying bail in non-capital cases
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Modernizes bail provisions that have remained largely unchanged since the 1792 Delaware Constitution, when many more crimes (including manslaughter, rape, robbery, burglary) were capital offenses
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Works in conjunction with Senate Bill No. 12 from the 152nd General Assembly, which prescribes specific felony offenses and procedures for pretrial detention and takes effect 6 months after this constitutional amendment is enacted
Legislative Description
An Act Concurring In A Proposed Amendment To Article I Of The Delaware Constitution Relating To Criminal Procedures.
Last Action
Passed By House. Votes: 32 YES 5 NO 2 NOT VOTING 1 ABSENT 1 VACANT
7/1/2025