CHAPTER 372

FORMERLY

HOUSE BILL NO. 438

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 21 of Title 11 by adding a new section thereto, said new section to be designated as "§ 2116" to read as follows:

"§ 2116. Revocation of bail and forfeiture of surety upon subsequent arrest.

(a) For the purposes of this section:

(1) 'original offense' means any violent felony as defined in § 4201(c) of this Title which is alleged to have been committed by a person who is thereafter released from custody upon his or her own recognizance, or upon the execution of a secured or unsecured personal appearance bond;

(2) 'subsequent offense' means any violent felony as defined in § 4201(c) of this Title or any similar offense set forth under the laws of another state, the United States or any territory of the United States which is alleged to have been committed by a person during the period of his or her secured or unsecured release in connection with an original offense.

(b) In connection with either a secured release or unsecured release of any person charged with any violent felony as defined in § 4201(c) of this Title, if after such release the accused is charged by arrest, warrant, indictment or information, with the commission of a subsequent offense, he or she shall be brought before the Superior Court. If, after a hearing, the Superior Court finds probable cause to believe that the accused has committed a subsequent offense during such period of release, notwithstanding any provision of this Chapter or any statute or Court rule to the contrary, the Court:

(1) shall revoke the bail to which the person was admitted in connection with the original offense, and shall forfeit any cash bond or other form of cash surety relating thereto to the State; and

(2) may, upon motion of the State, forfeit any real property or other surety not otherwise described in paragraph (1) of this section to the State.

(c) For the purposes of this section, probable cause to believe that the accused has committed a subsequent offense shall be established if:

(1) the accused is charged with a crime which, as alleged, constitutes any violent felony as defined in § 4201(c) of this Title or any similar offense set forth under the laws of another state, the United States or any territory of the United States; and

(2) the subsequent offense, as alleged, occurred during a period of secured or unsecured release following an arrest alleging any violent felony as defined in § 4201(c) of this Title; and

(3) the subsequent offense is alleged in an indictment or information, or the accused is bound over for trial on the subsequent offense by the appropriate Court following a preliminary hearing or the waiver of such hearing by the accused, or an arrest warrant is issued which charges the accused with the commission of the crime.

(d) Notwithstanding any provision of this Chapter or any other statute or Court rule to the contrary, whenever the accused is charged with a subsequent offense any recognizance or bond relating to the original offense shall be temporarily revoked, and the person shall be held in lieu of bail for the original offense, until such time as the Superior Court holds a hearing to determine whether there is probable cause to believe that the accused committed a subsequent offense during the period of release.

(e) Notwithstanding any provision of this Chapter or any statute or Court rule to the contrary, any person whose bail is revoked by the Superior Court pursuant to this section shall thereafter be held in custody without bail on the original offense until either such charges or the subsequent offense are withdrawn or dismissed, or until the defendant is found to be not guilty of the original offense or subsequent offense, or, in the event of a conviction for the original offense, until the accused is sentenced.

Approved July 08, 2002