DE SB36 | 2013-2014 | 147th General Assembly
Status
Spectrum: Partisan Bill (Democrat 3-0)
Status: Enrolled on July 1 2013 - 75% progression, died in chamber
Action: 2014-07-23 - Enact w/o Sign by Governor
Text: Latest bill text (Draft #1) [HTML]
Status: Enrolled on July 1 2013 - 75% progression, died in chamber
Action: 2014-07-23 - Enact w/o Sign by Governor
Text: Latest bill text (Draft #1) [HTML]
Summary
This Act is the first leg of a constitutional amendment that will modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly and the Courts to define certain felony offenses for which and circumstances under which, pre-trial release on bail may not be available. This Act provides that the constitutional amendment to Art. I, Sec. 12 of the Delaware Constitution proposed bill will: (1) retain the express declaration of a general right to have bail set in a criminal case; (2) provide that the only crimes for which bail must be withheld is (a) capital murder where the evidentiary proof is positive and presumption of the accusation great and (b) Class A or B violent felony offense and under procedures prescribed by law; and (3) ensures that one condition precedent to bail being withheld in non-capital cases must be a finding that no bail condition or combination of bail conditions other than detention will ensure the safety of another person or the community. This change alone does not allow that any person charged with a non-capital crime can be held without bail and no person could be subject to a detention hearing in a non-capital case until the General Assembly revised Chapter 21 of Title 11 of the Delaware Code and the General Assembly and Courts “prescribed by law” the circumstances and procedures under which detention without bail may occur. With this change, though, Delaware may move forward toward the type of modern bail system that has been increasingly adopted by other states through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in extreme cases, pre-trial detention without bail. Under current Delaware law, the only circumstance in which one may be detained without bail is when he or she is charged with capital murder. This Act would have no effect on bail procedures and standards in capital cases. The fact that bail can only be withheld in capital cases, however, is inconsistent with the evidence-based and informed decision-making that the General Assembly looks to adopt through the Justice Reinvestment Act. While granting of bail upon assessment of the needs of the accused and the community is always preferable, there will be that occasion where the pretrial risk assessment that informs release decisions suggests that detention is the appropriate course. A Delaware state court judge cannot order detention in such cases but only attempt to set the bail so high that a defendant cannot make it. This is the first step toward completing the pre-trial bail continuum. Any legislation subsequently enacted or court procedures adopted pursuant to this bill would have to require individualized, fact-governed decision-making by the Court regarding detention in order to pass muster under the United States and Delaware State Constitutions. This bill also requires trial to be held within 90 days for persons being held without bail on non-capital offenses unless the person requests a delay. If trial is not held within 90 days with no request for delay, the person shall be entitled to bail.
Title
An Act Proposing An Amendment To Article I, 12 Of The Delaware Constitution Of 1897, As
Sponsors
Roll Calls
2014-06-26 - House - House Third Reading (Y: 29 N: 12 NV: 0 Abs: 0) [PASS]
2014-06-25 - House - House Third Reading (Y: 24 N: 15 NV: 1 Abs: 1) [FAIL]
2013-07-01 - Senate - Senate Third Reading (Y: 19 N: 2 NV: 0 Abs: 0) [PASS]
2013-06-27 - Senate - Senate Third Reading (Y: 13 N: 7 NV: 0 Abs: 1) [FAIL]
2013-06-26 - Senate - Senate Third Reading (Y: 12 N: 9 NV: 0 Abs: 0) [FAIL]
2014-06-25 - House - House Third Reading (Y: 24 N: 15 NV: 1 Abs: 1) [FAIL]
2013-07-01 - Senate - Senate Third Reading (Y: 19 N: 2 NV: 0 Abs: 0) [PASS]
2013-06-27 - Senate - Senate Third Reading (Y: 13 N: 7 NV: 0 Abs: 1) [FAIL]
2013-06-26 - Senate - Senate Third Reading (Y: 12 N: 9 NV: 0 Abs: 0) [FAIL]
History
| Date | Chamber | Action |
|---|---|---|
| 2014-07-23 | Senate | Enact w/o Sign by Governor |
| 2014-06-26 | House | Passed by House of Representatives. Votes: Passed 29 YES 12 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
| 2014-06-26 | House | Amendment HA 1 Defeated by House of Representatives. Votes: Defeated 12 YES 29 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
| 2014-06-26 | House | Restored in House |
| 2014-06-25 | House | Defeated by House of Representatives. Votes: Defeated 24 YES 15 NO 1 NOT VOTING 1 ABSENT 0 VACANT |
| 2014-01-29 | House | Reported Out of Committee (HOUSE ADMINISTRATION) in House with 4 On Its Merits |
| 2014-01-14 | House | Introduced and Assigned to House Administration Committee in House |
| 2013-07-01 | Senate | Passed by Senate. Votes: Passed 19 YES 2 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
| 2013-07-01 | Senate | Amendment SA 1 Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
| 2013-07-01 | Senate | Amendment SA 1 Introduced in Senate |
| 2013-07-01 | Senate | Roll Call Rescinded in Senate |
| 2013-06-27 | Senate | Defeated by Senate. Votes: Defeated 13 YES 7 NO 0 NOT VOTING 1 ABSENT 0 VACANT |
| 2013-06-27 | Senate | Roll Call Rescinded in Senate |
| 2013-06-26 | Senate | Defeated by Senate. Votes: Defeated 12 YES 9 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
| 2013-06-26 | Senate | Lifted From Table in Senate |
| 2013-06-25 | Senate | Laid On Table in Senate |
| 2013-06-19 | Senate | Reported Out of Committee (EXECUTIVE) in Senate with 4 On Its Merits, 1 Unfavorable |
| 2013-06-13 | Senate | Re-Assigned to Executive committee in Senate |
| 2013-06-13 | Senate | was introduced and adopted in lieu of SB 36 |
