DelawareDelaware lawmakers approve rules for denying bail on certain felonies
Delaware lawmakers approved a constitutional amendment that could let courts deny bail for certain felony charges once a separate detention law takes effect.
What it does
Once a separate detention law takes effect, courts could deny bail for listed felonies other than capital offenses. Strong evidence must support the charge, and clear and convincing evidence must show that no release terms would reasonably assure court attendance, people's safety, and an unobstructed case.
To add a felony to the list of charges eligible for detention without bail, or remove one, lawmakers would need yes votes from two-thirds of all elected members of each chamber.
Friends and lawyers may have access to people held before conviction on any charge, under reasonable conditions.
Argument forOnce the separate law takes effect, detention could protect witnesses when the required proof shows no release terms would reasonably protect them.
Argument againstOnce the separate law takes effect, people charged with listed felonies could remain jailed before conviction even if they could afford bail.
More detail
Courts could deny bail before trial for certain felony charges once the separate detention law takes effect. This covers people charged before conviction with specifically listed felonies other than capital offenses. Lawmakers must list the felony in a law approved by two-thirds of all elected members of each chamber. Strong evidence must support the charge. Clear and convincing evidence must show that no release terms would reasonably assure court attendance, protect people, and keep the person from obstructing justice. The separate detention law takes effect six months after this act is enacted.
Lawmakers would need approval from two-thirds of all elected members of each chamber to add or remove a felony from the list. The list covers felony charges that could qualify for detention without bail before conviction.
Friends and lawyers may have access to people held before conviction. This covers people held before conviction on an accusation of any offense. Access is subject to reasonable conditions.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Jul 1Passed By House. Votes: 32 YES 5 NO 2 NOT VOTING 1 ABSENT 1 VACANTPassed House
- Vote recorded Passage. Result: pass.Lower
- Apr 16Reported Out of Committee (Administration) in House with 3 On Its Merits, 1 UnfavorableMinor
- Jan 22Assigned to Administration Committee in HouseMinor
- Jan 21Passed By Senate. Votes: 19 YES 2 VACANTPassed Senate
- Vote recorded Passage. Result: pass.Upper
- Jan 15Reported Out of Committee (Executive) in Senate with 7 On Its MeritsMinor
- Jan 3Introduced and Assigned to Executive Committee in SenateIntroduced
- Jul 1Passed By House. Votes: 32 YES 5 NO 2 NOT VOTING 1 ABSENT 1 VACANTPassed House
Criminal JusticePublic Safety