A JOINT RESOLUTION

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PROPOSING AN AMENDMENT TO ARTICLE 2, SECTION 13 OF THE

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CONSTITUTION OF NEW MEXICO TO PROTECT COMMUNITY SAFETY BY

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GRANTING COURTS NEW AUTHORITY TO DENY RELEASE ON BAIL PENDING

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TRIAL FOR DANGEROUS DEFENDANTS IN FELONY CASES WHILE

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RETAINING THE RIGHT TO PRETRIAL RELEASE FOR NON-DANGEROUS

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DEFENDANTS WHO DO NOT POSE A FLIGHT RISK.

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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

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sufficient sureties, except for capital offenses when the

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proof is evident or the presumption great and in situations

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in which bail is specifically prohibited by this section.

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Excessive bail shall not be required, nor excessive fines

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imposed, nor cruel and unusual punishment inflicted.

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Bail may be denied by a court of record pending trial

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for a defendant charged with a felony if the prosecuting

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authority requests a hearing and proves by clear and

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convincing evidence that no release conditions will

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reasonably protect the safety of any other person or the

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community.

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given preference over all other matters.

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An appeal from an order denying bail shall be

A person who is not detainable on grounds of

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dangerousness nor a flight risk in the absence of bond and is

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otherwise eligible for bail shall not be detained solely

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because of financial inability to post a money or property

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bond.

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and who has a financial inability to post a money or property

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bond may file a motion with the court requesting relief from

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the requirement to post bond.

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motion in an expedited manner."

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A defendant who is neither a danger nor a flight risk

SECTION 2.

The court shall rule on the

The amendment proposed by this resolution

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shall be submitted to the people for their approval or

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rejection at the next general election or at any special

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election prior to that date that may be called for that

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purpose.

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