Bill > HJR22

This joint resolution proposes an amendment to the New Mexico Constitution's Article 2, Section 13 regarding bail rights, which would make several significant changes to how bail can be granted or denied. The amendment maintains the general principle that people should be bailable before conviction, with specific exceptions for capital offenses and certain dangerous situations. It allows courts to deny bail for felony charges if prosecutors can prove by clear and convincing evidence that no release conditions will adequately protect public safety, with a special provision that creates a presumption against bail for designated dangerous or violent felony offenses (which can be rebutted by the defendant). The resolution also introduces a critical equity provision that prevents individuals from being detained solely because they cannot afford to post a monetary bond, allowing those who are not considered dangerous or a flight risk to request relief from bond requirements. The proposed amendment emphasizes protecting community safety while also addressing potential economic disparities in the bail system. The amendment would be submitted to New Mexico voters for approval at the next general election or a special election called for this purpose.

Government Affairs

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=JR&legno=22&year=25