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SENATE JOINT RESOLUTION 14
57
TH LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2025
INTRODUCED BY
Pat Woods
A JOINT RESOLUTION
PROPOSING TO AMEND ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF
NEW MEXICO TO ALLOW CONDITIONS FOR DENIAL OF BAIL AND FOR
PRETRIAL DETENTION, REMOVE THE REQUIREMENT THAT BAIL DENIAL BE
MADE ONLY BY A COURT OF RECORD, REMOVE THE LIMITATION OF BAIL
DENIAL TO PERSONS CHARGED WITH A FELONY AND ALLOW BAIL DENIAL
FOR A PERSON WHO HAS PREVIOUSLY FAILED TO APPEAR BEFORE THE
COURT AND IS A FLIGHT RISK.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. It is proposed to amend Article 2, Section 13
of the constitution of New Mexico to read:
"A. All persons shall, before conviction, be
bailable by sufficient sureties, except for capital offenses
when the proof is evident or the presumption great and in
situations in which bail is specifically prohibited by this
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section.
B. Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishment
inflicted.
C. Bail may be denied [by a court of record ] and a
person may be detained pending trial [for a defendant charged
with a felony] if, after the prosecuting authority requests a
hearing, [and proves] the court finds by clear and convincing
evidence that [no] the person is dangerous and that release
conditions will not reasonably protect the safety of any other
person or the community, that the person is a flight risk or
that the person has previously failed to appear before a court
as required. An appeal from an order denying bail shall be
given preference over all other matters.
D. A person who is not detainable on grounds of
dangerousness, [nor] is not a flight risk in the absence of
bond, has not previously failed to appear before a court as
required and is otherwise eligible for bail shall not be
detained solely because of financial inability to post a money
or property bond.
E. A [defendant] person who is [neither a danger
nor] not detainable on grounds of dangerousness, is not a
flight risk, has not previously failed to appear before a court
as required and [who] has a financial inability to post a money
or property bond may file a motion with the court requesting
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relief from the requirement to post bond. The court shall rule
on the motion in an expedited manner."
SECTION 2. The amendment proposed by this resolution
shall be submitted to the people for their approval or
rejection at the next general election or at any special
election prior to that date that may be called for that
purpose.
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