Delaware 150th General Assembly (2019-2020) Status: Introduced 4 R cosponsors

SB 222 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.

Last action — Introduced and Laid on Table in Senate

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 150th General Assembly (2019-2020). It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

In 2018, the General Assembly enacted House Bill No. 204 of the 149th General Assembly, Chapter 200, Volume 81 of the Laws of Delaware, ("HB 204"), with "the goal of modernizing the pretrial process, reducing reliance on monetary conditions, improving the efficiency and outcomes for the criminal justice system, and ensuring the safety of the community." HB 204 has resulted in the release of violent offenders into our communities, leading to more Delawareans being victimized. Therefore, this Act repeals HB 204, replacing HB 204's provisions with the law in effect before the enactment of HB 204 and bringing back greater safety for law abiding Delawareans and accountability for defendants. This Act also makes technical corrections to conform existing law, and previous law being returned to the Delaware Code, to the standards of the Delaware Legislative Drafting Manual.

Bill Text

How this bill changes current law

11 changes Share ↗

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

The bill amends the definitions and conditions for pretrial release in Delaware, enhancing the criteria and factors used by courts in making release determinations.

  • § 2101

    The of bail in the various courts of this State are empowered and encouraged to → The courts of this State are empowered and encouraged to

    Clarifies that the courts are empowered to make individualized decisions regarding pretrial release.

  • § 2102

    “Cash personal appearance bond” means a bond of the accused promising appearance in court, secured by cash only.

    Clarifies the definition of a 'Cash personal appearance bond.'

  • § 2104

    the execution of on 1 of the following: → the execution of one of the following:

    Standardizes the language for clarity regarding conditions of release.

  • § 2104

    A conditions of release bond. The defendant’s own recognizance. → The defendant’s own recognizance.

    Removes redundancy in listing conditions of release.

  • § 2104

    The execution of an unsecured personal appearance bond in an amount specified by the court. → A conditions of release bond not guaranteed by financial terms.

    Clarifies the provision regarding unsecured bonds.

  • § 2104

    the amount of The execution of a secured personal appearance bond, the bond and the nature of the surety to be determined by the court. → The execution of a secured personal appearance bond, the amount and nature of the surety to be determined by the court.

    Improves clarity in the description of secured personal appearance bonds.

  • § 2104

    the execution of a cash personal appearance bond, the amount of the bond to be determined by the court. → The execution of a cash personal appearance bond, the amount to be determined by the court.

    Clarifies conditions for cash personal appearance bonds.

  • § 2104

    the conditions (other than the mandatory conditions in paragraph subsection (b) of this section above) section) → the conditions, which include the mandatory conditions in subsection (b) of this section above,

    Clarifies the language regarding conditions of release imposed by the court.

  • § 2104

    the safety of the victim and the community. → the victim, witnesses, and any other person.

    Broadens the scope of considerations for the court regarding public safety.

  • § 2105

    Release pursuant to a conditions of release bond or conditions of release bond not guaranteed by financial terms. on personal recognizance or on unsecured personal appearance bond. → Release on conditions as described in this section, including personal recognizance and unsecured personal appearance bond.

    Clarifies the release conditions for defendants accused of bailable crimes.

  • § 2105

    that it is reasonably likely that the defendant 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. → that the defendant is likely to appear as required and that there is no substantial risk to community safety in permitting such release.

    Streamlines the conditions the court must find for release on unsecured bonds.

Action History

  1. Introduced and Laid on Table in Senate

Sponsors

Sponsorship breakdown

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2 sponsors · 5 co-sponsors · 55 not signed on

Sponsors (2)

Co-sponsors (5)

Not signed on (55)

55 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
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Frequently asked questions

What does SB 222 do?
In 2018, the General Assembly enacted House Bill No. 204 of the 149th General Assembly, Chapter 200, Volume 81 of the Laws of Delaware, ("HB 204"), with "the goal of modernizing the pretrial process, reducing reliance on monetary conditions, improving the efficiency and outcomes for the criminal justice system, and ensuring the safety of the community." HB 204 has resulted in the release of violent offenders into our communities, leading to more Delawareans being victimized. Therefore, this Act repeals HB 204, replacing HB 204's provisions with the law in effect before the enactment of HB 204 and bringing back greater safety for law abiding Delawareans and accountability for defendants. This Act also makes technical corrections to conform existing law, and previous law being returned to the Delaware Code, to the standards of the Delaware Legislative Drafting Manual.
Who sponsors SB 222?
SB 222 is sponsored by David L. Wilson (Republican), Brian Pettyjohn (Republican), Dave G. Lawson (Republican), Gerald W. Hocker (Republican), Colin Bonini, Stephen Smyk, and Jeffrey N. Spiegelman.
What is the current status of SB 222?
This bill died with 150th General Assembly (2019-2020). It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 222?
Track SB 222 free on One Click Politics — get push/email alerts when it moves.

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