SENATE JOINT RESOLUTION 6

57th 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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