HB 44 PRETRIAL DETENTION PRESUMPTION

Rep William Rehm

Actions: HPREF [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 44 (HB 44) relates to pretrial detention and establishes a presumption that a defendant is dangerous under certain situations.   

 House Bill 44 (HB 44) enacts a new section of criminal procedure that creates a rebuttable presumption that a defendant must be held in jail before trial if the prosecutor presents evidence that the defendant committed a dangerous felony offense, the defendant is a danger to others, and no release conditions will reasonably protect the community. 

A defendant has the right to rebut this presumption.  

HB 44 lists the crimes that fall under “dangerous felony offense,” including murder, kidnapping, certain aggravated batteries, sex crimes, robbery, drive-by shooting, arson, certain assaults, felonies that use a firearm, and other offenses, when the court judges the crime to be a dangerous offense (lower levels of assault, murder, stalking, kidnapping, child abuse, explosives, sex crimes, robbery, battery upon a peace officer and vehicular homicide).

HB 44 has an emergency clause, to take effect immediately. 
 

 Currently, there is no presumption when determining pretrial detention that a defendant is dangerous based upon the type of crime charged. Current law provides that bail can be denied for a defendant charged with a felony, but dangerousness must be proven by the prosecutor and is not wholly dependent on the type of crime.  

 HB 44 is related to SB 122, SJR 11 and HJR 3