SCR1011 - 452R - House Bill Summary

House of Representatives

SCR 1011

bailable offenses; prohibition

Sponsors: Senators Martin, Bee, Jarrett, Bennett et al

X	Committee on Appropriations
	Caucus and COW
	Third Read
	As Passed the House

SCR 1011 amends the Constitution of Arizona to add sexual assault, sexual conduct with a minor under fifteen years of age, and child molestation to the offenses that are not bailable.

History

Under the Arizona Constitution, persons charged with crime are bailable by sufficient sureties with exception for certain offenses. Persons charged with capital offenses or felony offenses committed when the person is already admitted to bail on a separate felony charge are not granted bail. Also a person charged with a felony offense is not granted bail if the person poses a substantial danger to any other person or the community and conditions of release will not reasonably assure the safety of those parties. In all cases, to deny bail there must be evident proof or great presumption to defend the judicial officer or court’s decision to deny bail.

Provisions

· Amends the Constitution of Arizona to withhold bail for persons charged with crime when the proof is evident or the presumption is great and the person is charged with:

· Sexual assault

· Sexual conduct with a minor under fifteen years of age

· Molestation of a child under fifteen years of age

· States that the purposes of bail and any conditions of release that are set by a judicial officer shall include:

· Assuring the appearance of the accused

· Protecting against the intimidation of witnesses

· Protecting the safety of the victim, any other person or the community

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· 45th Legislature