bailable offenses;
prohibition
SCR 1011 amends the Constitution of Arizona to add sexual assault, sexual conduct with a minor under 15 years of age, and child molestation to the offenses that are not bailable.
SCR 1011 passed the Appropriations Committee and Committee of the Whole unamended.
Under the Arizona Constitution, persons charged with a crime are bailable by sufficient sureties with the exception of 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 eligible for bail. Also, a person charged with a felony offense is not granted bail if the person is determined to pose 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.
· 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 15 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
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Second Regular Session 2 May
3, 2002
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