California Proposition 189, No Bail for Felony Sexual Assault Charges (1994)
Proposition 189 amended the California Constitution to permit the courts to deny bail for a wider range of sexual offenses. In particular, under Prop 189, the courts are allowed to deny bail to those accused of committing any felony sexual assault.
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Text of measure
The ballot title was:
- Bail Exception. Felony Sexual Assault. Legislative Constitutional Amendment
The ballot summary was:
- Amends State Constitution to add felony sexual assault offenses to crimes currently excepted from right to bail, which are 1) capital crimes; 2) felonies involving acts of violence when there is a substantial likelihood of harm to others if bail is granted; and, 3) any felony when the accused has threatened another with great bodily harm and the court finds a substantial likelihood that release would result in such harm.
- Requires judicial findings upon clear and convincing evidence of likelihood that release would result in great bodily harm to others.
The fiscal estimate provided by the California Legislative Analyst's Office said:
- Unknown, but probably not significant, costs to local governments for jailing individuals denied bail.
- Unknown, but probably not significant, savings to the state because some individuals held without bail and then convicted can receive credit for their jail time, thereby reducing the length of stay in prison.
Path to the ballot
The California State Legislature voted to put Proposition 189 on the ballot via Assembly Constitutional Amendment 37.
|Votes in legislature to refer to ballot|
- Statement of vote, California November 8, 1994 statewide elections (dead link)
- Los Angeles Law Library, 1994 ballot propositions
- November 8, 1994 supplemental ballot proposition voter guide