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*SENATE JOINT RESOLUTION

52ND-LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2016

INTRODUCED BY

   

A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO-ARTICLE 2, SECTION 13 OF THE
CONSTITUTION OF NEW MEXICO TO PROTECT COMMUNITY SAFETY BY
GRANTING COURTS NEW AUTHORITY TO DENY RELEASE ON BAIL PENDING
TRIAL FOR DANGEROUS DEFENDANTS IN FELONY CASES WHILE RETAINING

THE RIGHT TO PRETRIAL RELEASE FOR DEFENDANTS.

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 fer capital offenses when the proof
is evident or the presumption great and in.situations in which
bail is specifically prohibited by this section. Excessive
bail shall not be required, nor excessive fines imposed,-nor

cruel and unusual punishment inflicted.

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Bail may be denied 

 

defendant] bv a court of record pending trial for a defendant

charged with a felonv if the prosecuting authoritv requests a
hearing and proves bv clear and convincing evidence that no
release conditions will reasonablv protect the safetv of any
other person or-the communitv. An appeal from an order denying
bail shall be given preference.over all other matters.

A person who is not a danger and is otherwise eligible for
bail shall not be detained solelv because of financial
inabilitv to post a monev or propertv bond."_

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

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election-prior to that date that may be called for that

purpose.

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