Bill Text: DE HB349 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Bail.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-06-11 - Reported Out of Committee (JUDICIARY) in House with 3 Favorable, 6 On Its Merits [HB349 Detail]
Download: Delaware-2013-HB349-Draft.html
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SPONSOR: |
Rep. Spiegelman & Rep. Keeley & Sen. Lawson & Sen. Ennis; |
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Reps. D. Short, Hudson, Outten, Mitchell, Paradee |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BAIL. |
Section 1.Amend §2105 of Title 11 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows::
§2105. Release on personal recognizance or on unsecured personal appearance bond.
(a) The court shall release a person accused of a bailable crime on the person's own recognizance or upon the execution of an unsecured personal appearance bond of the accused in an amount to be determined by the court when the court is satisfied from all the circumstances and the criteria set forth in subsection (b) of this section that it is reasonably likely that the accused will appear as required before or after conviction of the crime charged and that there is no substantial risk to the safety of the community in permitting such unsecured release.
(b) In determining whether the accused is likely to
appear as required and that there will be no substantial risk to the safety of
the community the court shall, on the basis of available information, take into
consideration the nature and circumstances of the crime charged, whether a firearm
deadly weapon was used or possessed, the possibility of statutory
mandatory imprisonment, whether the crime was committed against a victim with
intent to hinder prosecution, the family ties of the accused, the accused's
employment, financial resources, character and mental condition, the length of
residence in the community, record of convictions, habitual offender
eligibility, custody status at time of offense, history of amenability to lesser
sanctions, history of breach of release, record of appearances at court
proceedings or of flight to avoid prosecution or failure to appear at court
proceedings.
(c) If the court has determined that the accused shall not be released in accordance with this section, it shall make a record finding of the reason or reasons for such action and shall permit the release of the accused upon the furnishing of surety satisfactory to the court in an amount to be determined by the court.
Section 2.Amend § 2107 of Title 11 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:
(a) In determining the amount of bail to be required to be posted as surety under §2105 of this title or to be required for an unsecured personal appearance bond of the accused, the court shall not require oppressive bail but shall require such bail as reasonably will assure the reappearance of the accused, compliance with the conditions set forth in the bond and the safety of the community. In fixing the amount, the court shall also take into consideration the criteria set forth in §2105(b) of this title.
(b) In any event, if a person is charged with an offense punishable by fine only, the amount of the bail shall not exceed double the amount of the maximum fine for each charge. When a person has been convicted of an offense and only a fine has been imposed as the sentence of the court, the amount of bail shall not exceed double the amount of the fine.
(c) Notwithstanding any provision of this title to
the contrary, for a person charged with committing a violent felony involving a
firearm deadly weapon or with committing a violent felony while
on probation or pretrial release, the presumption is that a cash personal
appearance bond will be set.
