The Delaware General Assembly on Sunday passed a constitutional amendment proposal restructuring the Delaware bail system. Senate Substitute 1 for Senate Bill 11 passed in the Delaware House of Representatives by 32 – 8 after it passed the Delaware Senate unanimously.

The proposed constitutional amendment amends Article 1, Section 12 of the Delaware Constitution. The original text provides that prisoners are bailable except for “capital offenses” when there is sufficient proof that the accused has committed the offense. The only capital offense in Delaware is first-degree murder.

The proposed amendment allows the General Assembly to make other felonies unbailable. However, the accused of these felonies can be detained without bail under two conditions in addition to sufficient proof of committing the offense. For other offenses, there must also be “clear and convincing” proof that the release of the accused “reasonably assures” the safety of the public and his appearance at and compliance with judicial proceedings.

Any felony the General Assembly allows to be unbailable must do so by a concurrent two-thirds vote in the House and Senate. For the General Assembly to undo the designation, it must also do so by a concurrent two-thirds vote in each of its houses.

The bill’s synopsis states, “With this change … Delaware can progress toward the type of modern bail system that has been increasingly adopted by our sister states through amendment of their state constitutions.”

The proposed constitutional amendment must pass by a concurrent two-thirds vote in each house after the next general election for it to become constitutional law.