HOUSE JOINT RESOLUTION 22

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Nicole Chavez and Andrea Reeb and William A. Hall II

 

 

 

 

 

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE THAT A COURT OF RECORD MAY DENY BAIL FOR A PERSON CHARGED WITH A FELONY OFFENSE IF THE PROSECUTING AUTHORITY PROVES BY CLEAR AND CONVINCING EVIDENCE THAT RELEASE CONDITIONS WILL NOT REASONABLY PROTECT ANY OTHER PERSON OR THE COMMUNITY AND TO ALLOW THE LEGISLATURE TO DESIGNATE BY LAW DANGEROUS OR VIOLENT FELONY OFFENSES FOR WHICH A COURT OF RECORD MAY PRESUME THAT RELEASE CONDITIONS WILL NOT REASONABLY PROTECT ANY OTHER PERSON OR THE COMMUNITY AND DENY BAIL UNLESS THE PERSON CHARGED WITH A DANGEROUS OR VIOLENT FELONY REBUTS THE PRESUMPTION BY THE PREPONDERANCE OF THE EVIDENCE.

 

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

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

          C. Bail may be denied by a court of record pending trial for a [defendant] person charged with a felony offense if the prosecuting authority requests a hearing and proves by clear and convincing evidence that [no] release conditions will not reasonably protect the safety of any other person or the community. If a person is charged with a felony offense designated by law as a dangerous or violent felony offense, a court of record may presume that release conditions will not reasonably protect the safety of any other person or the community and deny bail unless the person charged rebuts the presumption by the preponderance of the evidence. An appeal from an order denying bail shall be given preference over all other matters.

          D. 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] person 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. 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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