HOUSE JOINT RESOLUTION 10

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Candie G. Sweetser

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF NEW MEXICO TO ADD FLIGHT RISK AND INTERFERENCE WITH THE CRIMINAL PROCESS AS CIRCUMSTANCES FOR WHICH BAIL MAY BE DENIED, TO ESTABLISH A REBUTTABLE PRESUMPTION OF DETENTION FOR OFFENSES SUBJECT TO A LIFE SENTENCE AND TO PROVIDE FOR ADDITIONAL REBUTTABLE PRESUMPTIONS THAT MAY BE ESTABLISHED BY LAW.

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:

     "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] as provided in this section. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

     [Bail may be denied by a court of record pending trial for a defendant charged with a felony if the prosecuting authority requests a hearing and proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. An appeal from an order denying bail shall be given preference over all other matters.

     A person who is not detainable on grounds of dangerousness nor a flight risk in the absence of bond and is otherwise eligible for bail shall not be detained solely because of financial inability to post a money or property bond. A defendant who is neither a danger nor a flight risk and who has a financial inability to post a money or property bond may file a motion with the court requesting relief from the requirement to post bond.] A defendant shall be detained pending trial if:

          A. the defendant is charged with a felony; and

          B. the prosecuting authority proves by clear and convincing evidence that, if released, the defendant:

               (1) poses a danger to any other person or to the community;

                (2) will not appear in court as required; or

                (3) will obstruct the criminal process.

     There is a rebuttable presumption that the defendant poses a danger to any other person or to the community upon a finding of probable cause to believe that the defendant has committed an offense subject to a sentence of life imprisonment.

Additional rebuttable presumptions may be established by law upon a finding by a court of record that there is probable cause to believe that the defendant committed another specified felony offense or that another risk factor exists.

     A defendant who is detained pending trial and is otherwise eligible for bail shall not be held solely because of financial inability to post a money or property bond. A defendant who is not detained pending trial and who has a financial inability to post a money or property bond may file a motion with the court requesting relief from the requirement to post bond. The court shall rule on the motion in an expedited manner."

     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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