Senate Approves Fields’ Bipartisan Legislation to Remove Bail Eligibility for First-Degree Murder Cases
Legislation would refer a constitutional amendment to voters on the November 2024 ballot to remove bail eligibility for people accused of first-degree murder
DENVER, CO – Today, the Senate approved bipartisan legislation sponsored by Senator Rhonda Fields, D-Aurora, to refer a ballot measure to Colorado voters to make first-degree murder defendants ineligible for bail.
“We have seen harrowing examples in Colorado of first-degree murder defendants posting bail and committing further violent crime before their court date,” Fields said. “Making first-degree murder defendants ineligible for bail would give victims and their families peace of mind and help keep our communities safe. I’m proud to see this legislation advance and move one step closer to giving Coloradans the opportunity to weigh in on this important issue.”
Last year, the Colorado Supreme Court ruled in People v. Smith that defendants charged with first-degree murder are eligible to be released on bail per language in Colorado law.
Cosponsored by Senator Bob Gardner, R-Colorado Springs, HCR24-1002 would refer a constitutional amendment to Colorado voters on the November 2024 ballot to exempt the right to bail for first-degree murder cases when the proof is evident or the presumption is great. Voters would have to approve the constitutional amendment by at least 55 percent for it to be adopted into the Colorado Constitution.
HB24-1225, also sponsored by Gardner, would make the conforming changes in Colorado statute if voters adopt the constitutional amendment. The bill also aligns jury procedures for first-degree murder cases with other capital cases to allow 10 peremptory challenges during jury selection for the first defendant and an additional three for every defendant after.
HCR24-1002 will now be delivered to the Secretary of State to be placed on this November’s ballot. HB24-1225 will now go to the Governor for his signature, however its implementation is dependent on voter approval of HCR24-1002.