Summary:

 House Bill 165 (HB 165) relates to pretrial detention, requires a probable cause determination before a hearing to deny bail, and establishes a presumption that a defendant is dangerous under certain situations.  This bill has an emergency clause, to take effect immediately.  

Legislation Overview:

 House Bill 165 (HB 165) enacts a new section of criminal procedure that creates a presumption that a defendant must be held in jail before trial if charged with committing a dangerous felony offense.  First, the bill requires that a probable cause determination be made before a hearing to deny bail.  At the hearing to deny bail, if the prosecutor presents evidence that the defendant is a danger to others or the community, and that no release conditions will reasonably protect any other person or the community, the court must infer that the evidence is true and presume that the denial of bail is necessary.  
A defendant has the right to present evidence at this hearing in order to overcome this presumption.    
A “dangerous felony offense” means: first and second degree murder, voluntary manslaughter, kidnapping, certain aggravated batteries, certain sex crimes, robbery, drive-by shooting, arson, certain assaults, felonies that use a firearm.  A “dangerous felony offense” can also include the following offenses when the court judges the crime to be a dangerous offense: third and fourth degree assaults, involuntary manslaughter, third and fourth degree stalking, second degree kidnapping, certain child abuse offenses, explosives, third and fourth degree sex crimes, third degree robbery, battery upon a peace officer and third degree homicide by vehicle or great bodily harm by vehicle. 
HB 165 has an emergency clause, to take effect immediately.  

Current Law:

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