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SJR6 • 2026

DENIAL OF BAIL, CA

DENIAL OF BAIL, CA

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Senator Joseph Cervantes
Last action
Official status
[5] SRC/SJC-SRC [12] DP-SJC API.
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

DENIAL OF BAIL, CA

DENIAL OF BAIL, CA

What This Bill Does

  • DENIAL OF BAIL, CA

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-15 New Mexico Legislature

    SRC: Reported by committee with Do Pass recommendation

  2. 2026-02-02 New Mexico Legislature

    Sent to SRC - Referrals: SRC/SJC

  3. New Mexico Legislature

    Action Postponed Indefinitely

Official Summary Text

DENIAL OF BAIL, CA

Current Bill Text

Read the full stored bill text 
SJR06

SENATE JOINT RESOLUTION 6

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

INTRODUCED BY

Joseph Cervantes

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF
NEW MEXICO TO ALLOW A COURT TO DENY BAIL FOR A PERSON CHARGED
WITH A FELONY IF THE PERSON POSES AN UNREASONABLE RISK TO THE
SAFETY OF ANY OTHER PERSON OR THE COMMUNITY OR IF THE PERSON IS
AN UNREASONABLE FLIGHT RISK.

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 capital offenses
when the proof is evident or the presumption great and in
situations in which bail [
is specifically prohibited
]
may be
denied as provided
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 if the
prosecuting authority requests a hearing and proves [
by clear
and convincing evidence that no release conditions will
reasonably protect
]
that the person poses an unreasonable risk
to
the safety of any other person or the community
or that the
person is an unreasonable flight risk
.
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
]
an unreasonable safety risk or an
unreasonable
flight risk in the absence of bond and is
otherwise eligible for bail shall not be detained solely
because of
the person's
financial inability to post a money or
property bond. A [
defendant
]
person
who is neither [
a danger
]

an unreasonable safety risk
nor [
a
]
an unreasonable
flight risk
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.

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