HOUSE JOINT RESOLUTION 20

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

William "Bill" R. Rehm

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF NEW MEXICO TO CHANGE THE COURT'S AUTHORITY TO DENY RELEASE ON BAIL PENDING TRIAL BY ALLOWING BAIL TO BE DENIED FOR OFFENSES INVOLVING ACTS OF VIOLENCE OR SEXUAL ASSAULT OR OFFENSES WHEN THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT POSES A THREAT, BY ALLOWING THE COURT TO FIX THE AMOUNT OF BAIL BASED ON THE SERIOUSNESS OF THE CHARGE AND THE DEFENDANT'S CRIMINAL HISTORY AND LIKELIHOOD OF APPEARANCE AND BY ALLOWING THE COURT TO RELEASE A DEFENDANT ON THE DEFENDANT'S OWN RECOGNIZANCE.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. It is proposed to amend Article 2, Section 13 of the constitution of New Mexico to read:

          "A. Cruel and unusual punishment shall not be inflicted.

          B. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great and in situations in which bail is specifically prohibited by this section.

          C. Excessive bail shall not be required, nor excessive fines imposed [nor cruel and unusual punishment inflicted].

          D. Bail may be denied [by the district court for a period of sixty days after the incarceration of the defendant by an order entered within seven days after the incarceration, in the following instances:

          A. the defendant is accused of a felony and has previously been convicted of two or more felonies, within the state, which felonies did not arise from the same transaction or a common transaction with the case at bar;

          B. the defendant is accused of a felony involving the use of a deadly weapon and has a prior felony conviction, within the state. The period for incarceration without bail may be extended by any period of time by which trial is delayed by a motion for a continuance made by or on behalf of the defendant] for:

                (1) offenses involving acts of violence on another person, or sexual assault offenses on another person, when the proof is evident or the presumption great and the court finds, based upon clear and convincing evidence, that there is a substantial likelihood the defendant's release would result in great bodily harm to others; or

                (2) for offenses when the proof is evident or the presumption great and the court finds, based upon clear and convincing evidence, that the defendant has threatened another with great bodily harm and that there is a substantial likelihood that the defendant would carry out the threat if released.

          E. In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant and the probability of the defendant appearing at the trial or hearing of the case.

          F. A defendant may be released on the defendant's own recognizance in the court's discretion.

          G. An appeal from an order denying bail shall be given preference over all other matters."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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