The House passed Senate Bill 39 yesterday 41-0. This bill reforms the Probation before Judgment process by allowing such an order for first time offenders to be entered for multiple charges arising from a single arrest. The bill had already passed the Senate a few weeks ago, so now the bill goes tot the Governor’s desk for his signature.
In the State of Delaware, low level eligible offenders have the opportunity to complete a probation before judgment program and have their charges dismissed. The court places you on probation but defers judgment being entered on the record. Once you complete the terms of your probation the judge will discharge your case.
The bill also allows for a defendant to be permitted Probation Before Judgment more than once in a five year period so long as offenses are in different titles of the Code. For example, a defendant who was granted PBJ in 2017 for speeding (title 21) would be eligible for PBJ on a title 11 charge (e.g. bad check) or title 4 (e.g. underage consumption of alcohol) in 2019. This bill also allows persons who have been adjudicated delinquent of a crime as a juvenile to be eligible for Probation Before Judgment.
| Senate Bill 39 Sponsors | Yes Votes | No Votes |
| Gay, Brown, S.McBride | Passed Senate 21-0. Brown Ennis Gay Hansen Lockman Mantzavinos Paradee Pinkney Poore S.McBride Sokola Sturgeon Townsend Walsh Wilson Bonini Hocker Lawson Lopez Pettyjohn Richardson Wilson | None |
| Lynn, Dorsey-Walker, Bush, Lambert, Baumbach, Kowalko, Morrison | Passed House 41-0. Baumbach Bennett Bentz Bolden Brady Bush Carson Chukwuocha Cooke Dorsey Walker Griffith Heffernan K.Johnson K.Williams Kowalko Lambert Longhurst Lynn Matthews Minor-Brown Mitchell Morrison Osienski S.Moore Schwartzkopf Wilson-Anton Briggs King Collins D.Short Dukes Gray Hensley M.Smith Morris Postles Ramone Shupe Smyk Spiegelman Vanderwende Yearick | None |
| Current Status — | Sent to the Governor for his signature. |
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