Arizona Judges Allowed to Decline Bail for Certain Crimes, Proposition 103 (2002)
|Not on ballot|
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The proposition allowed judges to refuse bail for certain crimes; specifically, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age.
|Judges Allowed to Decline Bail for Certain Crimes|
- Election results from Arizona Elections Department.
Text of measure
The Arizona Constitution provides that all persons who are charged with a crime are eligible for bail, subject to certain exceptions. Bail is not allowed for any person who is charged with a crime if the court finds proof that the person committed the crime is evident or the presumption that the person committed the crime is great and the charged crime is: (1) a capital offense (an offense punishable by death), (2) a felony offense committed when the person charged is already admitted to bail on a separate felony charge or (3) a felony offense if the person charged poses a substantial danger to any other person or the community and no condition of release will reasonably assure the safety of the other person or community.
Proposition 103 would amend the Arizona Constitution to additionally prohibit bail for any person who is charged with a crime if the court finds proof that the person committed the crime is evident or the presumption that the person committed the crime is great and the charged crime is: (1) sexual assault, (2) sexual conduct with a minor under fifteen years of age or (3) molestation of a child under fifteen years of age.
Proposition 103 would also amend the Constitution to specify that the purposes of bail and any conditions of release that are set by a judicial officer include assuring the appearance of the accused, protecting against the intimidation of witnesses and protecting the safety of the victim, any other person or the community. (1159)
- 2002 ballot measures
- Arizona 2002 ballot measures
- List of Arizona ballot measures
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- Full text of Proposition 103
- Proposition 103 ballot pamphlet
- Proposition 103 Text
- National Conference of State Legislatures Ballot Measures Database
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