Constitutional Amendment 1 would amend Article 2, Section 13 of the Constitution of New Mexico to change the conditions under which a defendant can be denied bail. At present, bail may be denied only for a defendant charged with a capital felony, a defendant with two or more felony convictions in New Mexico or a defendant accused of a felony involving the use of a deadly weapon if the defendant has a felony conviction in New Mexico. The proposed amendment would change these requirements, allowing bail to be denied for a defendant who has been charged with a felony if the prosecutor can prove to a judge that the defendant poses a threat to the public. The proposed amendment would also provide that a defendant who is not a danger to the community or a flight risk cannot be denied bail solely because of the defendant's financial inability to post a money or property bond.
Proposing an amendment to Article 2, Section 13 of the Constitution of New Mexico to protect community safety by granting courts new authority to deny release on bail pending trial for dangerous defendants in felony cases while retaining the right to pretrial release for non-dangerous defendants who do not pose a flight risk.
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