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| 7 | 7 | | General Assembly House Joint |
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| 8 | 8 | | Resolution No. 261 |
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| 9 | 9 | | January Session, 2023 |
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| 10 | 10 | | LCO No. 6083 |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Referred to Committee on JUDICIARY |
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| 14 | 14 | | |
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| 15 | 15 | | |
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| 16 | 16 | | Introduced by: |
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| 17 | 17 | | (JUD) |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | RESOLUTION PROPOSING AN AMENDMENT TO THE STATE |
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| 21 | 21 | | CONSTITUTION TO REVISE REQUIREMENTS RELATING TO THE |
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| 22 | 22 | | OFFERING OF BAIL OR PRETRIAL RELEASE TO PERSONS |
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| 23 | 23 | | ACCUSED OF A CRIME. |
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| 24 | 24 | | Resolved by this Assembly: |
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| 25 | 25 | | |
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| 26 | 26 | | Section 1. That the following be proposed as an amendment to the 1 |
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| 27 | 27 | | Constitution of the State, which, when approved and adopted in the 2 |
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| 28 | 28 | | manner provided by the Constitution, shall, to all intents and purposes, 3 |
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| 29 | 29 | | become a part thereof: 4 |
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| 30 | 30 | | Subsection a. of article twenty-nine of the amendments to the 5 |
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| 31 | 31 | | Constitution is amended to read as follows: 6 |
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| 32 | 32 | | a. In all criminal prosecutions, the accused shall have a right to be 7 |
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| 33 | 33 | | heard by [himself] the accused's self and by counsel; to be informed of 8 |
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| 34 | 34 | | the nature and cause of the accusation; to be confronted by the witnesses 9 |
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| 35 | 35 | | against [him] the accused; to have compulsory process to obtain 10 |
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| 36 | 36 | | witnesses in [his behalf; to be released on bail upon sufficient security, 11 |
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| 37 | 37 | | except in capital offenses, where the proof is evident or the presumption 12 |
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| 38 | 38 | | great] behalf of the accused; and in all prosecutions by information, to a 13 House Joint Resolution No. 261 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | LCO 6083 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HJ-00261- |
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| 43 | 43 | | 2 of 3 |
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| 44 | 44 | | |
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| 45 | 45 | | speedy, public trial by an impartial jury. The accused shall be eligible 14 |
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| 46 | 46 | | for pretrial release, except the court may deny pretrial release to the 15 |
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| 47 | 47 | | accused if the court finds no conditions of pretrial release reasonably 16 |
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| 48 | 48 | | assure the appearance of the accused in court when required, or protect 17 |
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| 49 | 49 | | the safety of any other person or the community, or prevent the accused 18 |
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| 50 | 50 | | from obstructing or attempting to obstruct the criminal justice process. 19 |
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| 51 | 51 | | The general assembly may provide by law procedures, terms and 20 |
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| 52 | 52 | | conditions applicable to pretrial release and the denial thereof. No 21 |
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| 53 | 53 | | person shall be compelled to give evidence against [himself] such 22 |
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| 54 | 54 | | person's self, nor be deprived of life, liberty or property without due 23 |
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| 55 | 55 | | process of law, nor shall excessive bail be required nor excessive fines 24 |
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| 56 | 56 | | imposed. No person shall be held to answer for any crime, punishable 25 |
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| 57 | 57 | | by [death or] life imprisonment, unless upon probable cause shown at a 26 |
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| 58 | 58 | | hearing in accordance with procedures prescribed by law, except in the 27 |
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| 59 | 59 | | armed forces, or in the militia when in actual service in time of war or 28 |
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| 60 | 60 | | public danger. 29 |
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| 61 | 61 | | RESOLVED: That the foregoing proposed amendment to the 30 |
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| 62 | 62 | | Constitution be continued to the next session of the General Assembly 31 |
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| 63 | 63 | | elected at the general election to be held on November 4, 2024, and 32 |
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| 64 | 64 | | published with the laws passed at the present session, or be presented 33 |
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| 65 | 65 | | to the electors at the general election to be held on November 4, 2024, 34 |
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| 66 | 66 | | whichever the case may be, according to article sixth of the amendments 35 |
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| 67 | 67 | | to the Constitution. The designation of said proposed amendment to be 36 |
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| 68 | 68 | | used on the ballots at such election shall be "Shall the Constitution of the 37 |
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| 69 | 69 | | State be amended to permit criminal defendants to be held in pretrial 38 |
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| 70 | 70 | | detention without release under circumstances where no conditions of 39 |
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| 71 | 71 | | pretrial release would (1) reasonably assure the appearance of the 40 |
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| 72 | 72 | | defendant in court when required, (2) protect the safety of any other 41 |
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| 73 | 73 | | person or the community, or (3) prevent the defendant from obstructing 42 |
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| 74 | 74 | | or attempting to obstruct the criminal justice process; and to delete 43 |
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| 75 | 75 | | obsolete language referencing capital offenses and crimes punishable by 44 |
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| 76 | 76 | | death?" 45 |
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| 77 | 77 | | JUD Joint Favorable House Joint Resolution No. 261 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LCO 6083 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HJ-00261- |
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