ARIZONA STATE SENATE
Phoenix, Arizona
bailable offenses;
prohibition
Requests voter approval during the next general election of a constitutional amendment making offenses involving sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age nonbailable in specified instances.
Background
The Arizona Constitution specifies that all people charged with crimes, with three exceptions, are eligible for bail. Bail is not an option for defendants charged with the following offenses when the proof is evident or the presumption great as to the present charge:
a) capital offenses.
b) felony offenses committed when a person is already on bail on a separate felony charge.
c) felony offenses when the person charged poses a substantial danger to any other person or the community and no conditions of release would reasonably assure safety.
S.C.R. 1011 eliminates the ability to post bail for felony offenses involving sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age.
Any potential fiscal impact to the state general fund is undetermined at this time.
1. Prohibits bail for offenses involving sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age.
2. Names three purposes of bail and conditions of release that are set by a judicial officer, including:
a) assuring the appearance of the accused.
b) protecting against the intimidation of witnesses.
c) protecting the safety of the victim, any other person or the community.
3. Makes technical and conforming changes.
4. Requires the Secretary of State to submit this proposition to voters at the next general election and becomes effective if approved by the voters and upon proclamation of the Governor.
Amendment
Adopted by Committee
1. Adds purposes of bail and conditions of release.
2. Removes the phrases "felony offenses prescribed by law" and "violent offenses prescribed by law."
Senate Action
JUD 3/12/02 DPA 6-0-2-0
Prepared by Senate Staff
March 15, 2002