LCO 6083 \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HJ-00261-R02-
HB.docx
1 of 3
General Assembly House Joint
Resolution No. 261
January Session, 2023
LCO No. 6083
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
RESOLUTION PROPOSING AN AMENDMENT TO THE STATE
CONSTITUTION TO REVISE REQUIREMENTS RELATING TO THE
OFFERING OF BAIL OR PRETRIAL RELEASE TO PERSONS
ACCUSED OF A CRIME.
Resolved by this Assembly:
Section 1. That the following be proposed as an amendment to the 1
Constitution of the State, which, when approved and adopted in the 2
manner provided by the Constitution, shall, to all intents and purposes, 3
become a part thereof: 4
Subsection a. of article twenty-nine of the amendments to the 5
Constitution is amended to read as follows: 6
a. In all criminal prosecutions, the accused shall have a right to be 7
heard by [himself] the accused's self and by counsel; to be informed of 8
the nature and cause of the accusation; to be confronted by the witnesses 9
against [him] the accused; to have compulsory process to obtain 10
witnesses in [his behalf; to be released on bail upon sufficient security, 11
except in capital offenses, where the proof is evident or the presumption 12
great] behalf of the accused; and in all prosecutions by information, to a 13 House Joint Resolution No. 261
LCO 6083 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HJ-00261-
R02-HB.docx }
2 of 3
speedy, public trial by an impartial jury. The accused shall be eligible 14
for pretrial release, except the court may deny pretrial release to the 15
accused if the court finds no conditions of pretrial release reasonably 16
assure the appearance of the accused in court when required, or protect 17
the safety of any other person or the community, or prevent the accused 18
from obstructing or attempting to obstruct the criminal justice process. 19
The general assembly may provide by law procedures, terms and 20
conditions applicable to pretrial release and the denial thereof. No 21
person shall be compelled to give evidence against [himself] such 22
person's self, nor be deprived of life, liberty or property without due 23
process of law, nor shall excessive bail be required nor excessive fines 24
imposed. No person shall be held to answer for any crime, punishable 25
by [death or] life imprisonment, unless upon probable cause shown at a 26
hearing in accordance with procedures prescribed by law, except in the 27
armed forces, or in the militia when in actual service in time of war or 28
public danger. 29
RESOLVED: That the foregoing proposed amendment to the 30
Constitution be continued to the next session of the General Assembly 31
elected at the general election to be held on November 4, 2024, and 32
published with the laws passed at the present session, or be presented 33
to the electors at the general election to be held on November 4, 2024, 34
whichever the case may be, according to article sixth of the amendments 35
to the Constitution. The designation of said proposed amendment to be 36
used on the ballots at such election shall be "Shall the Constitution of the 37
State be amended to permit criminal defendants to be held in pretrial 38
detention without release under circumstances where no conditions of 39
pretrial release would (1) reasonably assure the appearance of the 40
defendant in court when required, (2) protect the safety of any other 41
person or the community, or (3) prevent the defendant from obstructing 42
or attempting to obstruct the criminal justice process; and to delete 43
obsolete language referencing capital offenses and crimes punishable by 44
death?" 45
JUD Joint Favorable House Joint Resolution No. 261
LCO 6083 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HJ-00261-
R02-HB.docx }
3 of 3
GAE Joint Favorable