Proposing a constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.
What changed between versions
Added nine specific offenses to the list of crimes that may qualify for bail denial, including murder, capital murder, aggravated assault, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, and continuous trafficking of persons.
Changed the evidence standard for denying bail based on nonappearance from 'clear and convincing evidence' to 'preponderance of the evidence', while keeping 'clear and convincing evidence' for public safety concerns.
Added new requirement that judges must set bail conditions only necessary to prevent nonappearance and ensure safety, and must prepare written orders with findings of fact and justification for granting bail.
Added new provision requiring defendants to have counsel representation at bail hearings.
Added specific factors judges must consider including likelihood of nonappearance, nature and circumstances of offense, safety concerns, and criminal history.
Changed the ballot language from 'authorizing the denial of bail' to 'requiring the denial of bail' to reflect the mandatory nature of the provision when conditions are met.