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NM HJR2

Joint Resolution

Status

Introduced

1/20/2026

Primary Sponsor

Nicole Chavez

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • 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

  • 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

  • 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

  • Requires appeals from orders denying bail to be given preference over all other court matters

  • 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

Committee Referrals

Consumer & Public Affairs1/22/2026

Full Bill Text

No bill text available