Bill Text: DE SB256 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act Proposing An Amendment To Article I, 12 Of The Delaware Constitution Of 1897, As Amended, Relating To Criminal Procedures.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-06-21 - Defeated by Senate. Votes: Defeated 9 YES 11 NO 1 NOT VOTING 0 ABSENT 0 VACANT [SB256 Detail]
Download: Delaware-2011-SB256-Draft.html
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SPONSOR: |
Sen. DeLuca & Rep. Mitchell |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 256 |
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AN ACT PROPOSING AN AMENDMENT TO ARTICLE I, §12 OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO CRIMINAL PROCEDURES. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1.Amend §12, Article I of the Delaware Constitution of 1897 by making insertions as shown by underlining and deletions as shown by strike through as follows:
§12.Right to bail; access to accused.
Section
12.All prisoners shall be bailable
by sufficient sureties, unless for No capital offenses shall be
bailable when the proof is positive or the presumption great; and when
persons are confined without bail on accusation for such any
offenses their friends and counsel may at proper seasons have access to them.
SYNOPSIS
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This Act is the first leg of a constitutional amendment that will modernize the bail provisions within the Delaware Constitution and ensure that the right to bail under the Delaware Constitution is coterminous with the bail right guaranteed by the Eighth Amendment of the United States Constitution. This Act would have no effect on bail procedures and standards in capital cases.As to non-capital cases, though, a court could restrict bail in appropriate circumstances.This change to Article I, Section 12 would permit Delaware to achieve consistency with federal law and practice, as well as, that of many other states.Decision-making by any court regarding detention would have to be made on an individualized, fact-governed basis in order to pass muster under both the Federal and Delaware Constitutions.Federal constitutional law permits pre-trial detention based on the premise that certain defendants would continue to victimize members of the community while released on bail pending trial.It makes little sense, however, that protection of the community should depend on whether a defendant is facing trial in federal court as opposed to state court. Author: Sen. DeLuca |
