4220-S AMH PEDE ADAM 090

SHJR 4220 - H AMD 1029

By Representative Pedersen

NOT ADOPTED 2/05/2010

    On page 1, after line 7, strike all material through "great." on line 12 and insert:

    " Article I, section 20.  All persons charged with crime shall be bailable by sufficient sureties, except for ((capital offenses)) the following offenses when the proof is evident, or the presumption great:

(a) Capital offenses and other serious violent offenses as defined by the legislature; and

(b) Offenses that may result in a mandatory life sentence without the possibility of release."

EFFECT: Removes the language giving judges the discretion to deny bail to a person charged with a crime if only the pretrial detention of the person will reasonably assure public safety. 

           Provides that a judge has the discretion to deny bail for a person charged with:

·   Capital offenses and other serious violent offenses as defined by the Legislature (Aggravated Murder 1, Assault 1, Assault of a Child 1, Homicide by Abuse, Kidnapping 1, Manslaughter 1, Murder 1, Murder 2, Rape 1, and attempt, solicitation, or conspiracy to commit one of these offenses); and

·   Offenses that may result in a mandatory life sentence without the possibility of release (Aggravated Murder 1 and persistent offenders). 

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