HJR 3 REQUIREMENTS FOR DENIAL OF BAIL, CA

Rep William Rehm

Actions: HPREF [2] HGEIC/HJC-HGEIC

Scheduled: Not Scheduled

 House Joint Resolution 3 (HJR 3) proposes to amend the state constitution to remove the requirements that only courts of record may deny bail and that only prosecuting authorities may request a hearing to determine whether bail is denied.  It also proposes to allow courts to deny bail for all types of criminal offenses, to allow courts to deny bail upon a finding by clear and convincing evidence that release conditions will not reasonably ensure the appearance of a person or protect any other person or the community and to allow for conditions for denial of bail to be provided by law.  

 House Joint Resolution 3 (HJR 3) proposes to amend Article 3, Section 2 of the state constitution regarding the denial of bail.  

It would allow bail to be denied as provided by the constitution or other law.  HJR 3 would further allow bail to be denied by any court for any offense upon a finding by clear and convincing evidence that release conditions will not reasonably ensure the appearance of a person or protect any other person or the community.  It proposes to provide that a person who is bailable cannot be detained solely because of financial inability to post sufficient sureties, and that the person may file a motion requesting relief.  

The proposed amendment is to be submitted to the people at the next general election or an any special election that may be called for that purpose. 
 

 Currently, bail can be denied only by a court of record for a defendant charged with a felony, and only if the prosecutor so requests, and bail cannot be denied if a person is a flight risk.  Also, current law provides that a person who is not detainable on grounds of dangerousness nor a flight risk cannot be detained solely because of financial inability to post a money or property bond.