SPONSOR:

Sen. Mantzavinos

DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE AMENDMENT NO. 2

TO

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 7

AMEND Senate Substitute 1 for Senate Bill 7 on line 75 by deleting “established” and inserting in lieu thereof “published”.

FURTHER AMEND Senate Substitute 1 for Senate Bill 7 by deleting lines 77 and 78 in their entirety and inserting in lieu thereof the following

(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, consistent with Chapter 21 of this title and court rules, review bail to consider whether bail

FURTHER AMEND Senate Substitute 1 for Senate Bill 7 by deleting lines 84 through 86 in their entirety and inserting in lieu thereof the following:

(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 of the following in the aggregate and disaggregated by race, gender, and zip code of:  

(1) Rates of defendants’ eligibility under § 2107 (c) of this title.  

(2) Rates of initial detention. 

(3) Rates of detention throughout the pretrial period. 

(4) Average length of stay from arrest to adjudication.

FURTHER AMEND Senate Substitute 1 for Senate Bill 7 by deleting lines 87 and 88 in their entirety and inserting in lieu thereof the following:

“Section 2. This Act becomes effective 30 days after its enactment into law.

Section 3. This Act shall expire upon the enactment of the constitutional amendment regarding bail found in

Senate Bill No. 11 of the 151st General Assembly.”

SYNOPSIS

This amendment clarifies that a court may review bail pursuant to statute and court rule without requiring a motion. It also further defines the information that is collected by the Criminal Justice Council to capture not just pretrial success rates, but also the racial and geographic impact of this legislation. Finally, it sets an effective date 30 days after enactment into law.

Author: Senator Mantzavinos