SLP Badge Transparent.png
Read the
State Legislative Tracker
New edition available now!




Arizona Judges Allowed to Decline Bail for Certain Crimes, Proposition 103 (2002)

From Ballotpedia
Jump to: navigation, search
Voting on
Law Enforcement
Law enforcement.jpg
Ballot Measures
By state
By year
Not on ballot
Local Measures
Arizona Constitution
Flag of Arizona.png
Preamble
Articles
1234566.178910111213141516171819202122252627282930
Proposition 103 was on the November 5, 2002 ballot in Arizona as a legislatively-referred constitutional amendment. It was approved.[1]

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.

Election results

Judges Allowed to Decline Bail for Certain Crimes
ResultVotesPercentage
Approveda Yes 924,161 80.4%
No224,70919.6%
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)[2][3]

See also

BallotpediaAvatar bigger.png
Suggest a link

External links

References

  1. Arizona 2002 election results
  2. NCSL ballot measure database
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.