SB 7 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BAIL.

(12) Sex offender unlawful sexual conduct against a child, in violation of § 777A of this title.

(13) Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree, in violation of § 778 of this title.

(14) Kidnapping in the First Degree, in violation of § 783A of this title.

(15) Trafficking an individual;

forced labor;

sexual servitude, in violation of § 787(b)(1)–(3) of this title.

(16) Sexual Servitude (Victim is a Minor), in violation of § 787(b)(3) of this title.

(17) Arson in the First Degree, in violation of § 803 of this title.

(18) Burglary First Degree, in violation of § 826 of this title.

(19) Robbery in the First Degree, in violation of § 832 of this title.

(20) Child Abuse in the First Degree, in violation of § 1103B of this title.

(21) Sexual Exploitation of a Child, in violation of § 1108 of this title.

(22) Unlawful Dealing in Child Pornography, in violation of § 1109 of this title.

(23) Sexual Solicitation of a Child, in violation of § 1112A(h) of this title.

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06/09/2021 10:47 AM (24) Promoting Sexual Solicitation of a Child, in violation of § 1112B(g) of this title.

(25) Escape After Conviction in violation of § 1253 of this title.

(26) Stalking, in violation of § 1312 of this title.

(27) Possession of a Deadly Weapon During Commission of a Felony, in violation of § 1447 of this title.

(28) Possession of a Firearm During Commission of a Felony, in violation of § 1447A of this title.

(29) Possession of a Firearm by Persons Prohibited, in violation of § 1448(a)(1), (a)(4), (a)(6), or (a)(7) of this title.

(30) Racketeering, in violation of § 1503 of this title.

(31) Aggravated Act of Intimidation, in violation of § 3533 of this title.

(32) Any violent felony as defined by § 4201(c) of this title, allegedly committed while defendant is pending adjudication on a previously charged violent felony.

(33) Any violent felony as defined by § 4201(c) of this title, allegedly committed against a petitioner with an active Protection from Abuse order against the defendant.

(34) Any violent felony as defined by § 4201(c) of this title, allegedly committed against a victim while the defendant is pending adjudication on a previously charged domestic violence offense as defined by § 1041(2) of Title 10, allegedly committed against the same victim.

(35) Any domestic violence offense as defined by § 1041(2) of Title 10, allegedly committed while defendant is pending adjudication on a previously charged violent felony as defined by § 4201(c) of this title, allegedly committed against the same victim.

(36) Felony noncompliance with bond, in violation of § 2109(c)(1) or 2113(c)(1) of this title and involving a violent felony offense as defined by § 4201(c) of this title.

(37) Felony domestic violence offenses as defined by § 1041(2) of Title 10 and causing physical injury as defined by § 222(23) of this title or serious physical injury as defined by § 222(26) of this title.

(38) Drug Dealing (Tier 3), in violation of § 4752 of title 16.

the presumption is that the court will set a conditions of release bond guaranteed by financial terms in an amount within or above the guidelines established by the Delaware Sentencing Accountability Commission (SENTAC) for that offense and secured by cash only will be set.

only.

(d) In any case where a court sets bail pursuant to the presumption within paragraph (c) of this section, a court of competent jurisdiction may, upon motion filed pursuant to court rule, conduct a bail review hearing to consider whether bail in a different amount or with a different security is appropriate to reasonably ensure the reappearance of the defendant, SD :

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06/09/2021 10:47 AM compliance with the conditions set forth in the bond, and the safety of the community.

The court may modify the defendant’s bail in accordance with its findings and determinations at the hearing.

(e) The court shall document the reason(s) for setting bail at a particular amount and level, whether cash, secured, or unsecured, or for modifying bail under paragraph (d) of this section.

(f) In addition to the information required in the annual report established in § 2114 (i) of this title, the Criminal Justice Council shall include information on cases and the racial impact when the court sets bail pursuant to the presumption within paragraph (c) of this section.

Section 2.

This Act shall sunset upon the enactment of the constitutional amendment regarding bail found in Senate Bill No.

11 of the 151st General Assembly.

SYNOPSIS This substitute bill incorporates the provisions of Senate Amendment 2 to the original bill, including reiterating in the Whereas statements the existing law that requires persons arrested for a violent felony while out on bail awaiting trial for a previous violent felony to be held without bail.

It also updates the language regarding the courts' obligation to review bail to reflect current practice and requires reporting on such cases and racial impact by the Criminal Justice Council in its annual report.

Finally, it provides a sunset provision so that the bill expires when the constitutional amendment regarding bail is enacted.

Senator HansenMantzavinos SD :

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