Read the full stored bill text
HB4083 - 572R - I Ver
REFERENCE TITLE:
bailable offenses; requirements; release
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 4083
Introduced by
Representatives
Hernandez A: Cavero, Garcia, Gutierrez, Hernandez C, Hernandez L, Liguori,
Luna-N�jera, Travers, Tsosie, Wilmeth
AN
ACT
AMENDING SECTIONs 13-3961 AND 13-3967,
ARIZONA REVISED STATUTES; RELATING TO BAIL.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3961, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3961.
Offenses not bailable; purpose; preconviction; exceptions
A. A person who is in custody shall not be admitted
to bail if the proof is evident or the presumption great that the person is
guilty of the offense charged and the offense charged is one of the following:
1. A capital offense.
2. Sexual assault.
3. Sexual conduct with a minor under either of the
following circumstances:
(a) At the time of the offense, the person was at
least eighteen years of age and the victim was under thirteen years of age.
(b) At the time of the offense, the victim was
thirteen or fourteen years of age and the person was at least ten years older
than the victim.
4. Molestation of a child under either of the
following circumstances:
(a) At the time of the offense, the person was at
least eighteen years of age and the victim was under thirteen years of age.
(b) At the time of the offense, the victim was
thirteen or fourteen years of age and the person was at least ten years older
than the victim.
5. A serious felony offense if there is probable
cause to believe that the person has entered or remained in the United States
illegally. For the purposes of this paragraph:
(a) The court shall consider all of the following in
making a determination that a person has entered or remained in the United
States illegally:
(i) Whether a hold has been placed on the arrested
person by the United States immigration and customs enforcement.
(ii) Any
indication
evidence presented
by a law enforcement agency that the person
is in the United States illegally.
(iii) Whether an admission by the arrested person
has been obtained by the court or a law enforcement agency that the person has
entered or remained in the United States illegally.
(iv) Any information received from a law enforcement
agency pursuant to section 13-3906.
(v) Any evidence that the person has recently
entered or remained in the United States illegally.
(vi) Any other relevant information that is obtained
by the court or that is presented to the court by a party or any other person.
(b) "Serious felony offense" means any
class 1, 2, 3 or 4 felony or any violation of section 28-1383.
B. The purposes of
bail and any conditions of release that are set by a judicial officer include:
1. Assuring the
appearance of the accused.
2. Protecting against the intimidation of witnesses.
3. Protecting the safety of the victim, any other
person or the community.
C. The initial determination of whether an offense
is bailable pursuant to subsection A of this section shall be made by the
magistrate or judicial officer at the time of the person's initial appearance.
D. Except as provided in subsection A of this
section, a person who is in custody shall not be admitted to bail if the person
is charged with a felony offense and the state certifies by motion and the
court finds after a hearing on the matter that there is clear and convincing
evidence that the person charged poses a substantial danger to another person
or the community or engaged in conduct constituting
a dangerous
offense or
a violent offense, that no condition or combination of
conditions of release may be imposed that will reasonably assure the safety of
the other person or the community and that the proof is evident or the
presumption great that the person committed the offense for which the person is
charged.� For the purposes of this subsection, "violent offense"
means either of the following:
1. A dangerous crime against children.
2. Terrorism.
E. On oral motion of the state, the court shall
order the hearing required by subsection D of this section at or within twenty-four
hours of the initial appearance unless the person who is subject to detention
or the state moves for a continuance.� A continuance that is granted on the
motion of the person shall not exceed five calendar days unless there are
extenuating circumstances.� A continuance on the motion of the state shall be
granted on good cause shown and shall not exceed twenty-four hours.� The prosecutor
shall provide reasonable notice and an opportunity for victims and witnesses to
be present and heard at any hearing.� The person may be detained pending the
hearing. The person is entitled to representation by counsel and is
entitled to present information by proffer or otherwise, to testify and to
present witnesses in the person's own behalf.� Testimony of the person charged
that is given during the hearing shall not be admissible on the issue of guilt
in any subsequent judicial proceeding, except as it might relate to the
compliance with or violation of any condition of release subsequently imposed
or the imposition of appropriate sentence or in perjury proceedings, or for the
purposes of impeachment. The case of the person shall be placed on
an expedited calendar and, consistent with the sound administration of justice,
the person's trial shall be given priority.� The person may be admitted to bail
in accordance with the Arizona rules of criminal procedure whenever a judicial
officer finds that a subsequent event has eliminated the basis for detention.
F. The finding of an indictment or the filing of an
information does not add to the strength of the proof or the presumption to be
drawn.
G. In a hearing pursuant to subsection D of this
section, proof that the person is a criminal street gang member may give rise
to the inference that the person poses a substantial danger to another person
or the community and that no condition or combination of conditions of release
may be imposed that will reasonably assure the safety of the other person or
the community.
END_STATUTE
Sec. 2. Section 13-3967, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3967.
Release on bailable offenses before trial; definition
A. At
his
a
person's
appearance before a judicial officer, any person who is charged
with a public offense that is bailable as a matter of right shall be ordered
released pending trial on
his
the person's
own
recognizance or
, if the person is charged with a felony,
on the execution of bail in an amount specified by the judicial officer
, or on the person's own recognizance
.
B. In determining the method of release or the
amount of bail, the judicial officer, on the basis of available information,
shall take into account all of the following:
1. The views of the victim.
2. The nature and circumstances of the offense
charged.
3. Whether the accused has a prior arrest or
conviction for a serious offense or violent or aggravated felony as defined in
section 13-706 or an offense in another state that would be a serious
offense or violent or aggravated felony as defined in section 13-706 if
committed in this state.
4. Evidence that the accused poses a danger to
others in the community.
5. The results of a risk or lethality assessment in
a domestic violence charge that is presented to the court.
6. The weight of evidence against the accused.
7. The accused's family ties, employment, financial
resources, character and mental condition.
8. The results of any drug test submitted to the
court.
9. Whether the accused is using any substance if its
possession or use is illegal pursuant to chapter 34 of this title.�
10. Whether the accused violated section 13-3407,
subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine or section 13-3407.01.
11. The length of residence in the community.
12. The accused's record of arrests and convictions.
13. The accused's record of appearance at court
proceedings or of flight to avoid prosecution or failure to appear at court
proceedings.
14. Whether the accused has entered or remained in
the United States illegally.
15. Whether the accused's residence is in this
state, in another state or outside the United States.
16. Whether the accused has the
financial ability to pay bail.
C. If a judicial officer orders the release of a
defendant who is charged with a felony either on
his
the defendant's
own recognizance or on bail, the judicial
officer shall condition the defendant's release on the defendant's good
behavior while so released. On a showing of probable cause that the
defendant committed any offense during the period of release, a judicial
officer may revoke the defendant's release pursuant to section 13-3968.
D. After providing notice to the victim pursuant to
section 13-4406, a judicial officer may impose any of the following
conditions on a person who is released on
his
the person's
own recognizance or on bail:
1. Place the person in the custody of a designated
person or organization agreeing to supervise
him
the person
.
2. Place restrictions on the person's travel,
associates or place of abode during the period of release.
3. Require the deposit with the clerk of the court
of cash or other security, such deposit to be returned on the performance of
the conditions of release.
4. Prohibit the person from possessing any deadly
weapon or engaging in certain described activities or indulging in intoxicating
liquors or certain drugs.
5. Require the person to report regularly to and
remain under the supervision of an officer of the court.
6. Impose any other conditions deemed reasonably
necessary to assure appearance as required including a condition requiring that
the person return to custody after specified hours.
E. In addition to any of the conditions a judicial
officer may impose pursuant to subsection D of this section, the judicial
officer shall impose both of the following conditions on a person who is
charged with a felony violation of chapter 14 or 35.1 of this title or section
13-3212 and who is released on
his
the
person's
own recognizance or on bail:
1. Electronic monitoring where available
and at no charge to the person
.
2. A condition prohibiting the person from having
any contact with the victim.
F. The judicial
officer who authorizes the release of the person charged on
his
the person's
own recognizance or on bail shall do all of
the following:
1. Issue an
appropriate order containing statements of the conditions imposed.
2. Inform the person of the penalties that apply to
any violation of the conditions of release.
3. Advise the person that a warrant for
his
the person's
arrest may be issued
immediately on any violation of the conditions of release, including the
failure to submit to deoxyribonucleic acid testing ordered pursuant to
paragraph 4 of this subsection.
4. If the person is charged with a felony or
misdemeanor offense listed in section 13-610, subsection O, paragraph 3
and is summoned to appear, order the person to report within five days to the
law enforcement agency that arrested the person or to the agency's designee and
submit a sufficient sample of buccal cells or other bodily substances for
deoxyribonucleic acid testing and extraction. If a person does not
comply with an order issued pursuant to this paragraph, the court shall revoke
the person's release.
G. At any time after providing notice to the victim
pursuant to section 13-4406, the judicial officer who orders the release
of a person on any condition specified in this section or the court in which a
prosecution is pending may amend the order to employ additional or different
conditions of release, including either an increase or reduction in the amount
of bail.� On application, the defendant shall be entitled to have the
conditions of release reviewed by the judicial officer who imposed them or by
the court in which the prosecution is pending. Reasonable notice of the
application shall be given to the county attorney and the victim.
H. Any information that is stated or offered in
connection with any order pursuant to this section need not conform to the
rules pertaining to admissibility of evidence in a court of law.
I. This section does not prevent the disposition of
any case or class of cases by forfeiture of bail or collateral security if such
disposition is authorized by the court.
J. A judicial officer who orders the release of a
juvenile who is enrolled in a school and who has been transferred to the
criminal division of the superior court pursuant to section 8-327 or who
has been charged as an adult pursuant to section 13-501 shall notify the
appropriate school on the release of the juvenile from custody.
K. For the purposes of this section and section 13-3968,
"judicial officer" means any person or court authorized pursuant to
the constitution or laws of this state to bail or otherwise release a person
before trial or sentencing or pending appeal.
END_STATUTE