DENIAL OF BAIL, CA

HJR02

HOUSE JOINT RESOLUTION 2

57
th legislature
- STATE OF NEW MEXICO -
second session
, 2026

INTRODUCED BY

Nicole Chavez
and
Andrea Reeb

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF
NEW MEXICO TO PROVIDE THAT A COURT OF RECORD MAY DENY BAIL FOR
A PERSON CHARGED WITH A FELONY OFFENSE IF THE PROSECUTING
AUTHORITY PRESENTS CLEAR AND CONVINCING EVIDENCE THAT RELEASE
CONDITIONS WILL NOT REASONABLY PROTECT ANY OTHER PERSON OR THE
COMMUNITY OR THAT THE PERSON IS A FLIGHT RISK; ALLOWING THE
COURT TO PRESUME THAT RELEASE CONDITIONS WILL NOT REASONABLY
PROTECT ANY OTHER PERSON OR THE COMMUNITY IF THE PERSON IS
CHARGED WITH A FELONY OFFENSE DESIGNATED BY LAW AS A DANGEROUS
OR VIOLENT FELONY OFFENSE; PROVIDING THAT A PERSON CHARGED WITH
A DANGEROUS OR VIOLENT FELONY OFFENSE MAY REBUT A COURT'S
PRESUMPTION BY A PREPONDERANCE OF THE EVIDENCE.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
It is proposed to amend Article 2, Section 13
of the constitution of New Mexico to read:

"
A.
All persons shall, before conviction, be
bailable by sufficient sureties, except for
persons charged
with
capital offenses when the proof is evident or the
presumption great and in situations in which bail is
specifically prohibited by this section.

B.
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishment
inflicted.

C.
Bail may be denied by a court of record pending
trial for a [
defendant
]
person
charged with a felony
offense
if
the prosecuting authority [
requests a hearing and proves by
]

presents
clear and convincing evidence that [
no
] release
conditions will
not
reasonably protect the safety of any other
person or the community
or that the person is a flight risk.

If the person is charged with a felony offense designated by
law as a dangerous or violent felony offense, the court may
presume that release conditions will not reasonably protect the
safety of any other person or the community and may deny bail
unless the person charged rebuts the presumption by a
preponderance of the evidence
. An appeal from an order denying
bail shall be given preference over all other matters.

D.
A person who is [
not detainable on grounds of
dangerousness nor a flight risk in the absence of bond and is
otherwise
] eligible for bail shall not be detained solely
because of financial inability to post a money or property
bond. A [
defendant
]
person
who is [
neither a danger nor a
flight risk
]
eligible for bail
and who has a financial
inability to post a money or property bond may file a motion
with the court requesting relief from the requirement to post
bond. The court shall rule on the motion in an expedited
manner."

SECTION 2.
The amendment proposed by this resolution
shall be submitted to the people for their approval or
rejection at the next general election or at any special
election prior to that date that may be called for that
purpose.

- 3 -