Bill > HB165

This bill modifies New Mexico's bail hearing procedures by establishing new guidelines for denying bail in cases involving dangerous felony offenses. The bill requires that before a bail hearing to deny bail can proceed, a magistrate, metropolitan, or district court must first make a probable cause determination. During the bail hearing, prosecutors can present evidence demonstrating that the defendant is dangerous and that no release conditions would adequately protect the community. Upon presenting such evidence, the court is instructed to initially infer the evidence is true and presume that bail should be denied. The bill provides an extensive list of 31 specific offenses considered "dangerous felony offenses," which include serious crimes like murder, sexual offenses, kidnapping, robbery, and assaults against peace officers. After both prosecution and defense present their evidence, the court will determine whether the initial presumption against bail can be overcome. If the presumption stands, the court will issue an order denying bail in accordance with supreme court rules. The bill includes an emergency clause, indicating its immediate implementation upon passage to address public safety concerns.

Business and Industry

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=165&year=25