The Delaware General Assembly has approved a constitutional amendment proposal that seeks to overhaul the state’s bail system. Senate Substitute 1 for Senate Bill 11 passed the Delaware House of Representatives by a 32-8 margin, following its unanimous passage in the Delaware Senate. This proposal represents a significant change in Delaware’s legal landscape, particularly in terms of how bail is administered.
The amendment targets Article 1, Section 12 of the Delaware Constitution. The existing language stipulates that prisoners are bailable except in cases involving “capital offenses” where there is sufficient proof of the accused’s involvement. Presently, the only capital offense recognized in Delaware is first-degree murder. The new proposal broadens the scope, allowing the General Assembly to classify other felonies as unbailable under specific conditions.
The proposed amendment mandates that for felonies designated as unbailable, there must be “clear and convincing” evidence that the release of the accused would pose a threat to public safety or risk their absence at judicial proceedings. This is in addition to the standard proof required for the accusation itself.
Additionally, any felony classification adjustment for bail purposes would require a concurrent two-thirds vote from both chambers of the General Assembly. Undoing such a designation would necessitate an identical level of legislative approval.
The bill’s synopsis underscores that the shift aims to align Delaware’s bail system with more contemporary practices seen in other states. The proposed amendment will require another two-thirds vote in each house post the next general election to be incorporated into constitutional law.
For more details, you can read the full article on JURIST.