*Sponsorship has changed since the bill was introduced
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REFERENCE TITLE: prohibited bail; pretrial release presumption |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HCR 2022 |
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*Introduced by Representatives Hernandez A: Abraham, Blackwater-Nygren, Bolding, Cano, Chávez, Meza, Wilmeth, Senator Gonzales
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A CONCURRENT RESOLUTION
proposing an amendment to the constitution of Arizona; amending article II, sections 15 and 22, Constitution of Arizona; relating to pretrial detention.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Article II, section 15, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
15. Prohibitions against monetary bail; excessive fines; cruel and unusual punishment
Section 15. Excessive Monetary bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
2. Article II, section 22, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
22. Pretrial release eligibility; presumption; exceptions
Section 22. A. All persons charged with A person who is taken into jail custody following an arrest or a summons accusing the person of committing a crime shall be bailable by sufficient sureties, is presumed eligible for pretrial release. except The presumption of pretrial release may only be overcome by clear and convincing evidence that the person's behavior demonstrates a significant risk to the physical safety of the alleged victim or any other person in the community.
B. Notwithstanding subsection A of this section, pretrial release is not presumed for a person who is accused of any of the following:
1. For A capital offenses offense, first degree murder, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when if the proof is evident or the presumption great.
2. For A violent felony offenses offense committed when the person charged is already admitted to bail on pretrial release for a separate felony charge accusation and where if the proof is evident or the presumption great as to the present charge accusation.
3. For A felony offenses offense if the person charged poses a substantial danger to threatens the physical safety of any other person or the community, if no conditions of release which may be imposed will reasonably assure ensure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge accusation.
4. For A serious felony offenses offense as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge accusation.
C. Notwithstanding subsections A and B of this section, pretrial detention is authorized if the person is accused of a crime included in subsection B of this section and the court determines there is credible evidence THAT the person's behavior poses a significant risk to the safety of the alleged victim or any other PERSON in the community or if there is a significant risk that the person will flee from the jurisdiction of the court.
B. D. The purposes of bail and any conditions of release that are set by A judicial officer include:
1. may impose pretrial release conditions that are necessary to:
1. (a) Assuring Assure the appearance of the accused at future court hearings.
2. (b) Protecting Protect against the intimidation of witnesses.
3. (c) Protecting Protect the safety of the victim, any other person or the community.
2. must use the least restrictive pretrial release conditions that are necessary to protect public safety and ensure the appearance of the accused person.
3. May not require the accused person to pay for any goods or services that are required as a condition of pretrial release.
3. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.