New Mexico 2025 Regular Session

New Mexico Senate Bill SJR14 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE JOINT RESOLUTION 14
29	29	57
30	30	TH LEGISLATURE
31	31	- STATE OF NEW MEXICO -
32	32	FIRST SESSION
33	33	, 2025
34	34	INTRODUCED BY
35	35	Pat Woods
36	36	A JOINT RESOLUTION
37	37	PROPOSING TO AMEND ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF
38	38	NEW MEXICO TO ALLOW CONDITIONS FOR DENIAL OF BAIL AND FOR
39	39	PRETRIAL DETENTION, REMOVE THE REQUIREMENT THAT BAIL DENIAL BE
40	40	MADE ONLY BY A COURT OF RECORD, REMOVE THE LIMITATION OF BAIL
41	41	DENIAL TO PERSONS CHARGED WITH A FELONY AND ALLOW BAIL DENIAL
42	42	FOR A PERSON WHO HAS PREVIOUSLY FAILED TO APPEAR BEFORE THE
43	43	COURT AND IS A FLIGHT RISK.
44	44	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
45	45	SECTION 1. It is proposed to amend Article 2, Section 13
46	46	of the constitution of New Mexico to read:
47	47	"A. All persons shall, before conviction, be
48	48	bailable by sufficient sureties, except for capital offenses
49	49	when the proof is evident or the presumption great and in
50	50	situations in which bail is specifically prohibited by this
51	51	.230317.1 underscored material = new
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78	78	section.
79	79	B. Excessive bail shall not be required, nor
80	80	excessive fines imposed, nor cruel and unusual punishment
81	81	inflicted.
82	82	C. Bail may be denied [by a court of record ] and a
83	83	person may be detained pending trial [for a defendant charged
84	84	with a felony] if, after the prosecuting authority requests a
85	85	hearing, [and proves] the court finds by clear and convincing
86	86	evidence that [no] the person is dangerous and that release
87	87	conditions will not reasonably protect the safety of any other
88	88	person or the community, that the person is a flight risk or
89	89	that the person has previously failed to appear before a court
90	90	as required. An appeal from an order denying bail shall be
91	91	given preference over all other matters.
92	92	D. A person who is not detainable on grounds of
93	93	dangerousness, [nor] is not a flight risk in the absence of
94	94	bond, has not previously failed to appear before a court as
95	95	required and is otherwise eligible for bail shall not be
96	96	detained solely because of financial inability to post a money
97	97	or property bond.
98	98	E. A [defendant] person who is [neither a danger
99	99	nor] not detainable on grounds of dangerousness, is not a
100	100	flight risk, has not previously failed to appear before a court
101	101	as required and [who] has a financial inability to post a money
102	102	or property bond may file a motion with the court requesting
103	103	.230317.1
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131	131	relief from the requirement to post bond. The court shall rule
132	132	on the motion in an expedited manner."
133	133	SECTION 2. The amendment proposed by this resolution
134	134	shall be submitted to the people for their approval or
135	135	rejection at the next general election or at any special
136	136	election prior to that date that may be called for that
137	137	purpose.
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139	139	.230317.1