Vermont Limitation of Bail for Criminal Offenses, Proposed Amendment (1994)

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Ballot measures
in Vermont
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Statutes referred by Legislature
Amending the Vermont Constitution
Vermont Constitution
A Proposed Constitutional Amendment to Limit Bail for Criminal Offenses was on the November 8, 1994 ballot in Vermont as a legislatively-referred constitutional amendment, where it was approved.

The Vermont State Legislature enacted the proposed constitutional amendment as Proposal 7 of 1991, sending it to the voters.

Section 40 of Chapter II of the Vermont Constitution was amended.

Section 40

The text of Section 40 with the parts proposed in 1994 in italics:

Excessive bail shall not be exacted for bailable offenses. All persons *[, unless sentenced, or unless committed for offenses punishable by death or life imprisonment when the evidence of guilt is great, shall be bailable by sufficient sureties. Persons committed for offenses punishable by death or life imprisonment, when the evidence of guilt is great, shall not be bailable as a matter of right]* shall be bailable by sufficient sureties, except that:

(1) a person accused of an offense punishable by death or life imprisonment may be held without bail when the evidence of guilt is great;

(2) a person accused of a felony may be held without bail when the evidence of guilt is great and the court finds based upon clear and convincing evidence that the person’s release poses a substantial threat of physical violence to any person;

(3) a person awaiting sentence, or sentenced pending appeal, may be held without bail for any offense.

No person shall be imprisoned for debt.

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