ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

---

HCR 2022: prohibited bail; pretrial release presumption

Sponsor: Representative Hernandez A, LD 3

Committee on Judiciary

Overview

Amends sections of the Constitution of Arizona relating to bail and pretrial release eligibility.

History

A person in the State of Arizona cannot be charged excessive bail or excessive fines and is protected against cruel and unusual punishment (Art. II, § 15, Constitution of Arizona).

All those accused of crimes are bailable, except:

1) For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age, where proof is evident;

2) For felony offenses committed when the accused is already admitted to bail on a separate felony charge;

3) For felony offenses, if the person poses a danger to public safety and no conditions of release imposed will reasonably ensure public safety;

4) For serious felony offenses in which the accused entered or remained in the United States illegally (Art. II, § 22, Constitution of Arizona).

Provisions

1. Prohibits the requirement of monetary bail. (Sec. 1)

2. Specifies that a person taken into jail custody is presumed eligible for pretrial release. (Sec. 2)

3. Specifies 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 victim or the community. (Sec. 2)

4. States pretrial release is not presumed for those accused of the following crimes:

a) A capital offense, first degree murder, sexual assault, sexual conduct with a child under fifteen years of age or molestation of a child under fifteen years of age;

b) A violent felony offense committed when the person is already on pretrial release for a separate felony;

c) A felony offense if the person threatens the physical safety of any other person; or

d) A serious felony offense if the accused entered the United States illegally. (Sec. 2)

5. Specifies that pretrial detention is authorized if the court determines the person is a flight risk or the person's behavior presents a threat to public safety. (Sec. 2)

6. Authorizes judicial officers to impose pretrial release conditions to ensure the accused attends future court hearings or for the victim or community's safety. (Sec. 2)

7. Requires the Secretary of State to submit this proposition to the voters at the next general election. (Sec. 3)

8. Makes technical and conforming changes. (Sec. 2)

9.

10.

11. ---------- DOCUMENT FOOTER ---------

12.                   HCR 2022

13. Initials LC/JH        Page 0 Judiciary

14.

15. ---------- DOCUMENT FOOTER ---------