SB 152 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.

Summary

This Act amends Delaware’s laws regarding release of persons accused of crimes (Chapter 21 of Title 11 of the Delaware Code) as required in conjunction with the adoption of Senate Bill No. 151, which proposes a constitutional amendment to permit preventive detention of certain persons accused of crimes. This Act both protects defendants’ due process rights and public safety by expanding the list of circumstances for which defendants may be detained pretrial without the opportunity for release and providing adequate due process protections for detention-eligible defendants. This Act protects public safety by permitting courts to detain defendants who are charged with an enumerated offense, or to whom certain enumerated circumstances apply, and who present unmitigated risks of non-appearance in court or danger to public safety. This Act also protects defendants’ rights by doing the following: (1) Requiring the Attorney General to establish by proof positive or presumption great that the defendant committed the detention-eligible offense and by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the defendants appearance in court or the safety of a witness, a victim, or the community. (2) Ensuring detention-eligible defendants are represented by counsel at the initial detention and subsequent hearings. (3) Requiring courts to hold a full detention hearing within 10 days of the defendant’s arrest where defendants have the right to testify, to present evidence, and to cross-examine witnesses against them. (4) Requiring expedited review of the detention order by Superior Court. (5) Providing speedy trial protections for any defendant who is detained prior to adjudication. This Act also does the following: (1) Improves procedural fairness by permitting courts to make transparent decisions about who to detain and who to release pretrial. (2) Strengthens the strong presumption of pretrial release upon least restrictive conditions for those defendants who can safely be released in the community. (3) Requires data collection and annual reporting of pretrial outcomes that will be available for public dissemination. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Delaware Code to clarify and reform the release of defendants pending trial, including the conditions and considerations for pretrial release.

• § 2101

  process, such that the defendant will not obstruct or attempt to obstruct justice. → process, such that the defendant will not obstruct or attempt to obstruct justice.

  No substantive change; the language is clarified but remains the same.

• § 2102

  and an alderman’s court. → and an alderman’s court.

  No substantive change; simply adds clarity to the definition of 'Court'.

• § 2104

  process, such that the defendant will not obstruct or attempt to obstruct justice. → process, such that the defendant will not obstruct or attempt to obstruct justice.

  No substantive change; the language is clarified but remains the same.

• § 2104(f)(1)

  to whom any of the following later applies must immediately be remanded to the custody of the Department of Correction, and must be incarcerated until the sentence for that felony is imposed: → to whom any of the following later applies must immediately be remanded to the custody of the Department of Correction, and must be incarcerated until the sentence for that felony is imposed:

  No substantive change; the language is clarified but remains the same.

• § 2105(a)

  pursuant to under a conditions of release bond or conditions of release bond not guaranteed by → pursuant to under a conditions of release bond or conditions of release bond not guaranteed by

  No substantive change; the wording is revised for clarity.

• § 2105(a)

  a conditions of release bond or a conditions of release bond not guaranteed by financial terms → a conditions of release bond or conditions of release bond not guaranteed by financial terms

  No substantive change; the wording is revised for clarity.

• § 2105(4)(a)

  to secure defendants’ appearance in court. → to secure defendants’ appearance in court.

  No substantive change; the wording is revised for clarity.

• § 2105(4)(b)

  a conditions of release bond guaranteed by financial terms or a conditions of release bond guaranteed by financial terms secured by cash. → a conditions of release bond guaranteed by financial terms or conditions of release bond guaranteed by financial terms secured by cash.

  No substantive change; the wording is clarified.

• § 2105(b)(1)

  the possibility of statutory mandatory imprisonment, whether the crime was committed against a victim with intent to hinder prosecution, imprisonment for the defendant. → the possibility of statutory mandatory imprisonment, whether the crime was committed against a victim with intent to hinder prosecution.

  Clarifies the factors considered by the court regarding the defendant's possible imprisonment.

• § 2105(b)(4)

  the defendant’s the length of residence in the community, record of convictions, community. → the defendant’s length of residence in the community, record of convictions.

  Removes redundancy in the text for clarity.

Action History

1. July 31, 2019

   Introduced and Assigned to Judicial Committee in Senate

Sponsors

• Franklin D. Cooke · Cosponsor
• David P. Sokola · Cosponsor
• S. Elizabeth Lockman · Cosponsor
• Sean M. Lynn · Primary
• Bryan Townsend · Primary
• Laura V. Sturgeon · Cosponsor
• Paul S. Baumbach · Cosponsor
• David Bentz · Cosponsor
• Sean Matthews · Cosponsor

Subjects