Bill > SB11

This bill proposes a constitutional amendment to modernize Delaware's bail provisions by establishing more detailed guidelines for when individuals can be denied bail before conviction. The amendment creates specific criteria for restricting bail, primarily for capital offenses and certain felonies where the proof is strong and there is clear evidence that no release conditions can adequately protect the community, ensure the defendant's court appearance, or maintain the integrity of the judicial process. Notably, the bill requires that any law designating a felony as potentially non-bailable must be passed by a two-thirds supermajority in both houses of the General Assembly, and any subsequent attempt to remove such a designation would also require the same supermajority. The amendment preserves the fundamental right to bail while providing more nuanced exceptions, and maintains the existing provision that allows friends and counsel reasonable access to confined individuals. This is the second legislative step in a process to update the Delaware Constitution's bail provisions, with the first step having been completed in the previous legislative session.

Government Affairs

https://legis.delaware.gov/BillDetail?LegislationId=141747