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California Proposition 189, Allow Courts to Deny Bail for Felony Sexual Assault Charges Amendment (1994)

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California Proposition 189
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Election date
November 8, 1994
Topic
Civil and criminal trials and State judiciary
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

California Proposition 189 was on the ballot as a legislatively referred constitutional amendment in California on November 8, 1994. It was approved.

A "yes" vote supported allowing a court to deny bail for an individual charged with a felony sexual assault.

A "no" vote opposed allowing a court to deny bail for an individual charged with a felony sexual assault.


Proposition 189 amended the California Constitution to allow courts to deny bail to individuals with a felony sexual assault charge.

Election results

California Proposition 189

Result Votes Percentage

Approved Yes

6,378,386 79.41%
No 1,653,454 20.59%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Proposition 189 was as follows:

Bail exception. Felony sexual assault. Legislative constitutional amendment.

Ballot summary

The ballot summary for this measure 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.

Full Text

The full text of this measure is available here.


Path to the ballot

The California State Legislature voted to put Proposition 189 on the ballot via Assembly Constitutional Amendment 37. A two-thirds vote was needed in each chamber of the California State Legislature to refer the constitutional amendment to the ballot for voter consideration.

Votes in legislature to refer to ballot
Chamber Ayes Noes
Assembly 69 0
Senate 30 0


See also


External links

Footnotes