Bill > HB126

This bill amends existing law to mandate a pretrial detention hearing, without exception, for individuals charged with a Class A felony that resulted in death, or attempted murder if a specific constitutional amendment is ratified. A pretrial detention hearing is a court proceeding where a judge determines if a defendant should be held in jail before their trial, based on whether they pose a risk of fleeing or endangering the community. The bill requires that the prosecuting attorney must request that the defendant be denied bail in these specific circumstances, and the court cannot waive this hearing. The bill also outlines the rights of the defendant during this hearing, including the right to counsel, to testify, present witnesses and evidence, and cross-examine. The court will consider various factors when deciding on bail, such as the nature of the offense, the evidence against the defendant, their personal history, and the potential danger to the community. The bill specifies that rules of evidence in criminal trials do not apply at these hearings, and any testimony given by the defendant cannot be used against them in other proceedings, except for perjury or impeachment. The bill also addresses potential conflicts with other legislative acts and the ratification of a constitutional amendment, and it is set to become effective on June 1, 2026.

Justice

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