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DE SB11

Bill

Status

Enrolled

7/1/2025

Primary Sponsor

Bryan Townsend

Click for details

Origin

Senate

153rd General Assembly

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Administration1/22/2025
Executive1/3/2025

Full Bill Text

No bill text available