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Show For O Against Q) Proposition No. 1 BAIL AMENDMENT ) Vote cast by the members of the 1988 Legislature on final passage: HOUSE (75 members): Yeas, 63; Nays, 4; Absent or not voting, 8. SENATE (29 members): Yeas, 26; Nays, 0; Absent or not voting, 3. :' " ": 'whmi 1 1 fiiw tmi-i ii u.tj;- ivt-J',-,-JJ3TV-ryzvrrrv:.H j L . ...,.. 1 ., .in. m Official Ballot Title: Shall the Utah Constitution be amended to allow bail to be denied to persons charged with a serious crime if the person may be a danger to another person or to the community, or is likely to flee the court's jurisdiction if released; and to clarify language regarding necessary evidence evi-dence to deny bail? m-?'.A t , rmv.ixnrwTtyr:n r'r'r-'-v-'VV' 'TfwriTTrmTy'T.'P1'1 J "T77M I , 1 IMPARTIAL ANALYSIS The state constitution presently allows judges to deny bail to persons who have been charged with: (1) a capital offense; or (2) a felony while on probation or parole or while free on bail awaiting trial. Proposition 1 adds one more circumstance under which bail may be denied: (3) persons who have been charged with a crime when there is clear and convincing evidence that the person would constitute a substantial danger to others or the community, or is likely to flee the court's jurisdiction if released on bail. Proposition 1 also requires the Legislature to designate the specific crimes for which bail may be denied under this third condition. The Legislature has already passed legislation designating felonies as the only crimes for which bail may be denied. This legislation is not effective unless the voters approve Proposition 1. Proposition 1 clarifies the constitutional bail language in two additional ways: (1) It changes the phrase "accused of the commission" of a crime to "charged with" a crime. The second phrase is more commonly used. t (2) It changes the phrase "when the proof is evident or the presumption strong" to "when there is substantial evidence." The second phrase is more commonly used and understood by the courts and attorneys. Proposition 1 also adds to the state constitution the Legislature's current power to statutorily provide or deny bail for convicted persons. The current state constitution does not address the issue of bail for convicted persons awaiting an appeal. Current statute, however, allows judges to detain convicted persons if the person would constitute a danger to others or the community, or is likely to flee the court's jurisdiction if released. Effective Date Proposition 1 takes effect January 1, 1989. The implementing legislation takes effect on that same date if Proposition 1 is approved by the voters. Fiscal Impact There is no impact on state revenues but there may be some additional county jail costs of up to $13,000 statewide. |