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NM HJR2
Joint Resolution
Status
1/20/2026
Primary Sponsor
Nicole Chavez
Click for details
AI Summary
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Proposes amending Article 2, Section 13 of the New Mexico Constitution to allow courts to deny bail for felony charges when prosecutors present clear and convincing evidence that release conditions cannot protect the community or that the person is a flight risk
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Creates a rebuttable presumption against bail for persons charged with felony offenses designated by law as "dangerous or violent," shifting the burden to the accused to prove by preponderance of evidence that release conditions would be adequate
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Maintains existing protections prohibiting detention solely due to inability to pay money or property bond, and preserves the right to file motions for relief from bond requirements
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Requires appeals from orders denying bail to be given preference over all other court matters
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Amendment would be submitted to New Mexico voters for approval at the next general election or a special election called for that purpose
Legislative Description
Denial Of Bail, Ca
Last Action
Sent to HCPAC - Referrals: HCPAC/HJC
1/22/2026