4220-S.E AMS KLIN ROE 017

ESHJR 4220 - S AMD 276

By Senators Kline, Hargrove, Carrell, Gordon and Rockefeller

ADOPTED 3/04/2010

    Beginning on page 1, line 2, strike everything after "ASSEMBLED:" and insert the following:

    "THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article I, section 20 of the Constitution of the state of Washington to read as follows:
    Article I, section 20.  All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great.  Bail may be denied for offenses punishable by the possibility of life in prison upon a showing by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons, subject to such limitations as shall be determined by the legislature.
    BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state."

EFFECT:   Provides that bail may be denied for offenses that are punishable by the possibility of life in prison upon a showing by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons. Provides that the legislature sets the limitations for release for courts to follow in making decisions on whether to grant bail on these types of offenses.

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