ARIZONA STATE SENATE
Phoenix, Arizona
bailable offenses; Cassie’s
amendment
Proposes an amendment to the
Arizona Constitution to eliminate the ability to post bail in domestic violence
cases when specific conditions apply.
The Arizona Constitution
provides that all persons charged with a crime are eligible for bail, with
three exceptions. First, a person is
not eligible for bail in capital cases in which the proof is evident or the
presumption is great. Second, bail is
not permitted for a person who is charged with a felony offense that was
committed when the person was already on bail for a separate felony charge if
the proof is evident or the presumption is great as to the second charge. Third, bail is not permitted for a person
charged with a felony offense if all of the following apply:
·
the
person charged poses a substantial danger to any other person or the community;
·
no
conditions of release that may be imposed will reasonably assure the safety of
the other person or the community; and
·
the
proof is evident or the presumption great as to the present charge.
Depending on the charges
filed against the accused, a domestic violence case may be charged as a felony
or as a misdemeanor. In felony cases
that meet the provisions currently listed in the Constitution, bail is
denied. However, in misdemeanor
domestic violence cases, the accused has a constitutional right to bail under
the Arizona Constitution.
H.C.R. 2014 eliminates the
ability to post bail in domestic violence cases when specified conditions
apply. The conditions are the same
conditions that eliminate the ability to post bail for a person who is charged
with a felony offense and is found to be a substantial danger to any person or
the community.
The fiscal note from Joint
Legislative Budget Committee staff estimates that there will be no state
general fund impact as a result of this bill.
1. Makes a person ineligible for bail if the person was charged with a domestic violence offense and all of the following apply:
·
the
person poses a substantial danger to any other person or the community;
·
no
conditions of release that may be imposed will reasonably assure the safety of
the other person or the community; and
·
the
proof is evident or the presumption is great as to the present charge.
2. Requires the Secretary of State to submit the proposed amendment to voters at the next general election.
JUD 3/6/01 DPA 9-0-0-1-0
3rd Read 3/19/01 33-21-6-0
Prepared by Senate Staff
March 29, 2001