Under current law, all persons have the right to bail pending
disposition of charges, with certain exceptions, including an exception for persons charged with capital offenses. The bill adds an exception for murder in the first degree when proof is evident or presumption is great.
Under current law, in capital cases, each side is entitled to 10
peremptory juror challenges, and if there is more than one defendant, each side is entitled to an additional 3 peremptory challenges for every defendant after the first. The bill applies that existing law to cases in which a defendant is charged with murder in the first degree.
The bill is contingent on the adoption at the 2024 general election
of a state constitutional amendment concerning bail exceptions.
