Delaware General Assembly

Lieu/Substituted 3/26/13

The General Assembly has ended, the current status is the final status.

HS 1 for HB 39

3/7/13

Keeley

Sen. Henry

Reps. Bolden, Mitchell, B. Short, Paradee
Sen. Marshall

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

This Act will make changes to Delaware’s bail statutes that will reduce the crimes committed by dangerous and violent offenders who have been released on bail only to commit additional crimes. The Act will require any court setting bail to require the Defendant to refrain from committing any additional criminal offenses and to consider the safety of the victim and the community and certain objective factors about the crime and the Defendant’s criminal history when determining the type and amount of bail. The Act creates a presumption in favor of cash bail whenever a person on probation or pre-trial release is alleged to have committed a violent felony. The growing problem of criminals using the proceeds of criminal activity to post bail is addressed by requiring any person who posts bail to identify the source of the funds used to secure a defendant’s release. The Act will also authorize Courts to revoke and forfeit the bail of any person charged with a violent felony who is found to have committed a subsequent violent felony after being released on bail.

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