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Arizona Bailable Offenses, Proposition 100 (2006)

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Arizona Proposition 100 was a veto referendum proposed by the Arizona House. The bill would have prevented bail for those charged with a serious felony offense and that could not prove their were in the US legally.

The bill passed with 1,170,961 votes in favor of the ballot measure and 332,461 against it.

Supporting Arguments

The Honorable Russell Pearce, Arizona House of Representatives, Mesa wrote the following. His opinion was paid for by "Russell Pearce 2004."

Illegal aliens that commit a crime are an extremely difficult challenge for law enforcement and growing threat to our citizens. Large, well-organized gangs of illegal aliens have flooded many neighborhoods with violence to the point where Arizona now has the highest crime rate in the nation. With few real ties to the community and often completely undocumented by state agencies, many illegal aliens can easily escape prosecution for law breaking simply because they are so difficult to locate. HCR 2028 would deny bail to illegal aliens when there is convincing evidence that they've committed a serious felony, keeping dangerous thugs in jail rather than releasing them onto the streets. Allowing an illegal immigrant to post bail simply gives them time to slip across the border and evade punishment for their crimes. By voting yes for this initiative, we keep more violent criminals in jail, make our homes and communities safer, and send a powerful message to illegal aliens that their crimes will not go unpunished.

Opposing Arguments

  1. This proposition will cost taxpayers an extra $2,100 per month for each person who is held and denied bail.
  2. Our jails are already overcrowded and cost taxpayers millions every year. Arizona cannot afford to hold low-risk persons simply due to their national origin.
  3. Bail is a cherished constitutional right. People accused of crimes have not necessarily committed the crimes they are accused of and have the right to post bail.
  4. This proposition puts people who overstay a tourist visa or cross the border in the same category as serial murderers.
  5. People who pose an actual danger to society are already held without bail under the current law.
  6. Prop 100 will do nothing to increase public safety.

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