HOUSE JOINT RESOLUTION 5

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

William "Bill" R. Rehm

 

 

 

 

 

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE ADDITIONAL GROUNDS ON WHICH A COURT MAY DENY A PERSON'S RELEASE ON BAIL PENDING TRIAL, REMOVE THE REQUIREMENT THAT BAIL HEARINGS BE HELD BY A COURT OF RECORD AND REDUCE THE STANDARD OF PROOF FOR DENIAL OF BAIL FROM CLEAR AND CONVINCING EVIDENCE TO PROBABLE CAUSE.

 

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:

                (1) persons who have failed to appear for a scheduled court appearance on any pending criminal charge;

                (2) persons charged with:

                     (a) capital offenses when the proof is evident or the presumption is great; [and]

                     (b) violent offenses;

                     (c) felony offenses if the person charged with the offense was previously convicted of two or more felony offenses, each of which arose out of separate transactions; or

                     (d) felony offenses, if at the time the person committed the act on which the charged felony offense is based, the person was serving a period of probation or parole, or the person had been released pending trial for a separate felony charge; and

                (3) 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 charged with a felony if the prosecuting authority [requests a hearing and proves by clear and convincing evidence] provides probable cause that no release conditions will reasonably protect the safety of any other person or the community or that the defendant presents a flight risk. 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 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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