SB 39 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION BEFORE JUDGMENT.

Summary

This bill clarifies that Probation Before Judgment (PBJ) may be entered for multiple charges arising from a single arrest. Changes to the legislation also allow for a defendant to be permitted Probation Before Judgment more than once in a five year period so long as offenses are in different titles of the Code. For example, a defendant who was granted PBJ in 2017 for speeding (title 21) would be eligible for PBJ on a title 11 charge (e.g. bad check) or title 4 (e.g. underage consumption of alcohol) in 2019. This bill also allows persons who have been adjudicated delinquent of a crime as a juvenile to be eligible for Probation Before Judgment.

Bill Text

• Bill Text View text Current pdf

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

This bill clarifies and revises the eligibility criteria for Probation Before Judgment in Delaware, allowing for multiple instances of PBJ within five years for offenses in different titles and including adjudicated delinquents.

• § 4218

  This section shall not be available to any person who has previously been admitted to probation before judgment for any offense involving the same title within 5 years of the current offense. → This section shall not be available to any person who has previously been admitted to probation before judgment for any offense involving the same title within 5 years of the current offense; except that a defendant may be permitted Probation Before Judgment more than once in a five year period for offenses that are in different titles of the Code.

  This change allows individuals to receive Probation Before Judgment multiple times within five years, provided the offenses fall under different titles.

• § 4218

  or → and includes persons who have been adjudicated delinquent of a crime as a juvenile.

  This change expands eligibility for Probation Before Judgment to include those who have been adjudicated delinquent for juvenile offenses.

• § 4218

  Notwithstanding any provision of this section to the contrary, no person shall be admitted to probation before judgment if: → Notwithstanding any provision of this section to the contrary, no person shall be admitted to probation before judgment for a class of offenses as follows:

  This modifies the introductory phrasing for the conditions under which a person cannot be admitted to PBJ for clarity.

• § 4218

  the consent of the State shall not be required prior to placing a defendant on "probation before judgment.” → the consent of the State shall not be required prior to placing a defendant on "probation before judgment" for charges arising from a single arrest.

  This specifies that the State's consent for PBJ is not required if the charges arise from the same arrest.

Action History

1. April 13, 2021

   Signed by Governor

2. April 01, 2021

   Passed By House. Votes: 41 YES

3. March 26, 2021

   Suspension of Rules in House

4. March 16, 2021

   Reported Out of Committee (Judiciary) in House with 4 Favorable, 2 On Its Merits

5. March 12, 2021

   Assigned to Judiciary Committee in House

6. March 11, 2021

   Passed By Senate. Votes: 21 YES

7. March 10, 2021

   Reported Out of Committee (Judiciary) in Senate with 4 Favorable, 2 On Its Merits

8. March 09, 2021

   Introduced and Assigned to Judiciary Committee in Senate

Sponsors

• Kyle Evans Gay · Primary
• Eric Morrison · Cosponsor
• Darius J. Brown · Primary
• Sean M. Lynn · Primary
• William Bush · Primary
• Larry Lambert · Primary
• S. Elizabeth Lockman · Cosponsor
• Spiros Mantzavinos · Cosponsor
• Marie Pinkney · Cosponsor
• Bryan Townsend · Cosponsor
• Paul S. Baumbach · Cosponsor
• Sarah McBride · Cosponsor
• Sherry Dorsey Walker · Primary
• John A. Kowalko · Cosponsor

Votes

Subjects