HB113 Summary - Aniah's Law

• Creates "Aniah's Law" to expand offenses for which judges may deny bail, including murder, assault in the first degree, kidnapping, rape, sodomy, sexual torture, domestic violence in the first degree, human trafficking, burglary, arson, robbery, terrorism, and aggravated child abuse.

• Requires a pretrial detention hearing before a defendant charged with enumerated offenses can be held without bond for more than 10 days, with the hearing held immediately at first appearance unless continuance is requested.

• Allows judges to deny bail if the prosecuting attorney proves by clear and convincing evidence that no release conditions will reasonably ensure the defendant's appearance in court or protect community safety.

• Establishes defendant rights at pretrial detention hearings including representation by counsel, right to testify, present witnesses and evidence, and cross-examine witnesses, with relaxed evidence rules allowing all relevant evidence.

• Effective upon ratification of a constitutional amendment (proposed HB81 of 2020 Regular Session) regarding reasonable bail rights prior to conviction.