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Show Proposition Would Restrict Ball In Certain Cases Editor's Note Tliis is the tlwrd i a series of five nr. t'olos on the four amend. Hunts to the Utah Const itu-tion itu-tion which Utah voters will be considering Nov. 7. Proposition No. 2 in the proposed mneiulment to tha Utah Constitution covers a very specific matter; Restricting bail in cerain Mmy cases: Shall Section 8 of Article I of the State Constitution be amended to provide that persons shall not be bailable when accused of a felony while on proba. tion or parole, or while free on bail awaiting trial on a previous felony charge, where the proof is evident or the presumption strong? This proposition has been placed on the ballot by di-rect di-rect action of 0k 1971 Utah Legislature. It proposes a change in the language of Section 8, Article I of the Constitution. At present, of. fenses not bailable are "cap rtal offenses" (those punish able by death) . Proposition 2 would add to capital offenses not bailable any felony charge, when the accused person is on proba. tion or parole, or free on bail awaiting trial on a previous pre-vious felony charge where the evidence or the presump tion is str9ng. The purpose of the amend, ment is to decrease the number num-ber of repeated felonies committed com-mitted by persona already within the control of tha criminal justice system. The number of repeated felonies is particularly serious ser-ious in the case of persons released on bail, proponents ' uf the amendment claim. They point out that when tin accused is released on bail, lie often incurs an obligation io a bail bondsman. If he at-tempts at-tempts to pHy the bail fef by committing a felony and is arrested, his subsequent release on bail only increases the pressure to commit addi-tional addi-tional felonies. This proposed amendment would allow the judge to hold a person in these categories until trial, if he deems the proof of guilt to be evident or the presumption strong. Proposition No. 2 is the only proposition not endors. ed by the Board of Commis-sioners Commis-sioners of the Utah State Bar. The Board decided the proposal "does not state a proposition properly protec-ting protec-ting the rights of persons accused of crimes." The Salt Lake Area Cham, ber of Commerce and UTEGO (Utahns for Effective Government) Gov-ernment) have endorsed the proposal, along with the oth tr tliree. Support of the bail proposal is included in the Republican platform, and the Democrat, ic Central Committee is scheduled sch-eduled to take action on the matter this month. Both Calvin Cal-vin L. Rampton and Republican Repub-lican gubernatorial candidate candid-ate Nicholas Strike have endorsed en-dorsed the bail proposal, as well as the other proposed amendments. |