2025 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES
§ 2113. Penalties for noncompliance with conditions of release bond [Effective July 1, 2026].
(a) If the defendant fails to appear as required by the defendant's bail or commits a material breach of the conditions set forth in § 2104(b) or § 2108 of this title, the court shall issue a warrant and cause the arrest of the defendant and the cancellation of any bail and the return of the defendant to the court for a redetermination of the disposition of the defendant.
(b) On the return of the defendant before the court under subsection (a) of this section or if the defendant is not found, the court shall act with respect to the forfeiture of any form of guaranteed or not guaranteed conditions of release bond under the Rules of the Superior Court and shall redetermine the type and amount of bail and conditions of the further release of the defendant. Notwithstanding any law to the contrary, property, cash, surety, or other assets may not be forfeited except on failure of the defendant to appear as required by any court.
(c) If the defendant knowingly fails to appear as required or knowingly breaches any condition of release, each failure or breach is a separate crime and, on conviction for the failure or breach, is punished as follows:
(1) If the defendant was released in connection with 1 or more charges of a felony before trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant is guilty of a class E felony.
(2) If the defendant was released in connection with 1 or more charges of misdemeanor before trial, the defendant is guilty of a class A misdemeanor.
(d) The Justice of the Peace Court shall have jurisdiction over violations of this section if punishable as misdemeanors and if the jurisdiction over the underlying offense remains with the Justice of the Peace Court.
(e) Any defendant released under this chapter shall notify the court, before which the case is pending, of any changes of address or residence within 5 days of the change. A failure by a defendant to make the notification will result in the defendant being deemed in constructive receipt of any subpoena issued to the defendant by or on behalf of the court to the last address or residence given to the court by the defendant.
(f) Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt.
11 Del. C. 1953, § 2113; 56 Del. Laws, c. 231, § 1; 69 Del. Laws, c. 198, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 172, § 1; 74 Del. Laws, c. 322, § 1; 79 Del. Laws, c. 36, § 1; 81 Del. Laws, c. 200, § 1; 84 Del. Laws, c. 473, § 11; 85 Del. Laws, c. 61, § 1; 85 Del. Laws, c. 62, § 106;
