AN ACT PROPOSING AN AMENDMENT TO SECTION 12 OF ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO BAIL.

This is the first leg of a constitutional amendment to protect our communities from gun violence. While there is a legal presumption that people arrested in Delaware will have an opportunity to post bail while awaiting trial, this right is not universal. The state constitution already allows individuals charged with capital offenses (murder) to be held without bail “when the proof is positive or the presumption great” that the defendant committed the crime. This proposed amendment bill would expand this provision to include the charge of possession of a firearm during the commission of a felony. Crime data statistics reveal that the overwhelming majority of arrests for gun crimes involve individuals that have previously been arrested for other felony offenses. Carrying a firearm during the commission of a felony demonstrates a calculated willingness by the perpetrator to use a weapon in the furtherance of his or her criminal activity. By virtue of its availability, someone who makes the conscious choice to carry a gun while engaging in serious illicit acts is more likely to use it to threaten, intimidate, injure, or kill their victims. Allowing people that have been arrested for possession of a firearm during the commission of a felony to be quickly released back into the community undermines the public faith in the criminal justice system and creates a climate of fear and intimidation. This proposed amendment would deny individuals who have demonstrated a willingness to use a gun in the commission of crimes against their fellow citizens an opportunity to commit additional offenses while awaiting adjudication on their pending charges.