Colorado Amendment I, Remove Right to Bail in First Degree Murder Cases Amendment (2024)

Colorado Amendment I
Election date November 5, 2024
Topic Civil and criminal trials
Status a Approved
Type Constitutional amendment	Origin State legislature

Colorado Amendment I, the Remove Right to Bail in First Degree Murder Cases Amendment, was on the ballot in Colorado as a legislatively referred constitutional amendment on November 5, 2024. It was approved.

A "yes" vote supported removing the right to bail in cases of first-degree murder when the proof is evident or the presumption is great.

A "no" vote opposed removing the right to bail in cases of first-degree murder when the proof is evident or the presumption is great.

Election results

Colorado Amendment I
Result		Votes	Percentage
Yes		2,058,063	68.34%
No		953,652	31.66%

Results are officially certified.

Source

Overview

What did Amendment I do?

See also: Text of measure

The amendment made first-degree murder an unbailable offense. The amendment made an exception to the right to bail in cases of first-degree murder when the proof is evident or the presumption is great.

Bail is an amount of money a defendant must post in order to be released from custody while awaiting their trial. Bail is set to ensure that defendants appear at trials and is returned to defendants after a trial is over.

Why was this amendment on the ballot?

See also: Background

In 2023, the Colorado Supreme Court ruled that first-degree murder could not be considered a capital offense for the purpose of denying bail since a capital offense refers to an offense carrying a penalty of death, which Colorado repealed in 2020. Prior to the 2023 ruling, a court could deny bail in death penalty cases, including first-degree murder cases.

State Sen. Rhonda Fields (D-29), who sponsored the amendment in the state House, said, "This is a fix that the Colorado Supreme Court has asked us to do to be able to make sure that we have a balanced approach for those who have access to bail."

State Sen. Mike Lynch (R-65) said, "This was clearly an unintended consequence of repealing the death penalty that puts the safety of the community at risk, and nearly 500 first-degree murder cases have been impacted since 2020, and courts have set bond in some of those cases."

According to a prosecutor with the Colorado District Attorney's Council, about 500 first-degree murder cases involved a defendant eligible for bail since the supreme court's 2023 ruling.

Text of measure

Ballot title

The ballot question was as follows:

“

Shall there be an amendment to the Colorado constitution concerning creating an exception to the right to bail for cases of murder in the first degree when proof is evident or presumption is great?

”

Constitutional changes

See also: Article II, Colorado Constitution

The measure amended Section 19 of Article II of the Colorado Constitution. The following struck-through text was deleted and underlined text was added. Note: Hover over the text and scroll to see the full text.

Section 19. Right to bail - exceptions. (1) All persons shall be bailable by sufficient sureties pending disposition of charges except:

(a) For capital offenses when proof is evident or presumption is great; or

(b) When, after a hearing held within ninety ­six hours of arrest and upon reasonable notice, the court finds that proof is evident or presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail and such person is accused in any of the following cases:

(I) A crime of violence, as may be defined by the general assembly, alleged to have been committed while on probation or parole resulting from the conviction of a crime of violence;

(II) A crime of violence, as may be defined by the general assembly, alleged to have been committed while on bail pending the disposition of a previous crime of violence charge for which probable cause has been found;

(III) A crime of violence, as may be defined by the general assembly, alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately brought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony; or

(c) [Deleted by amendment.]

(d) For the offense of murder in the first degree, as defined by law, committed on or after the effective date of this subsection (1)(d), when proof is evident or presumption is great.

(2) Except in the case of a capital offense or murder in the first degree, if a person is denied bail under this section, the trial of the person shall be commenced not more than ninety days after the date on which bail is denied. If the trial is not commenced within ninety days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of the bail for the person.

(2.5)

(a) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by statute as enacted by the general assembly; except that no bail is allowed for persons convicted of:

(I) Murder;

(II) Any felony sexual assault involving the use of a deadly weapon;

(III) Any felony sexual assault committed against a child who is under fifteen years of age;

(IV) A crime of violence, as defined by statute enacted by the general assembly; or

(V) Any felony during the commission of which the person used a firearm.

(b) The court shall not set bail that is otherwise allowed pursuant to this subsection (2.5) unless the court finds that:

(I) The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and

(II) The appeal is not frivolous or is not pursued for the purpose of delay.

(3) This section shall take effect January 1, 1995, and shall apply to offenses committed on or after said date.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 17, and the FRE is 36. The word count for the ballot title is 34.

Support

Supporters

Officials

• Gov. Jared Polis (D)
• State Sen. Rhonda Fields (D)
• State Sen. Bob Gardner (R)
• State Rep. Monica Duran (D)
• State Rep. Mike Lynch
• State Rep. Emily Sirota (D)

Political Parties

• Green Party of Colorado

Arguments

• State Sen. Rhonda Fields (D-29): "This is a fix that the Colorado Supreme Court has asked us to do to be able to make sure that we have a balanced approach for those who have access to bail."
• State Sen. Mike Lynch (R-65): "This was clearly an unintended consequence of repealing the death penalty that puts the safety of the community at risk, and nearly 500 first-degree murder cases have been impacted since 2020, and courts have set bond in some of those cases."
• State Rep. Monica Duran (D): "It’s really just going back to the way Colorado was — it’s nothing new. We’re not creating a new penalty at all, we’re just going back to the way… it’s been all along except for this little loophole when we removed the death penalty."
• State Sen. Tom Sullivan: "This is the least that we could do. This is by far the least we can do is to make sure that these killers do not have the ability to see the light of the day until their trial has been completely adjudicated."

Opposition

Opponents

Officials

• State Rep. Javier Mabrey (D)

Arguments

• State Rep. Javier Mabrey (D): "I felt that it could impact the principle of innocence until proven guilty. If a judge makes a determination that someone is likely guilty before the trial, I worry about the signal that could send to the jury, the prosecution and the defense."

Media editorials

See also: 2024 ballot measure media endorsements

Support

• Colorado Springs Gazette and Denver Gazette Editorial Board: "Amendment I amends the state constitution to restore judges’ ability to deny bail to suspects charged with first-degree murder. That option was stripped from judges recently on a legal technicality. The state Supreme Court had ruled that the Legislature’s repeal of capital punishment in Colorado meant first-degree murder no longer was a “capital” crime, strictly speaking, and thus policies like denying bail for capital crimes were moot. Let’s plug that loophole."
• The Daily Camera Editorial Board: "It is not an easy choice to advocate for removing bail for anyone, but Amendment I is nonetheless worthy of approving. To start, there already exist certain crimes that are not eligible for bond, yet those charged with first-degree murder were. This incongruity is worth fixing. And second, bond in and of itself is inherently classist. Providing wealthy defendants the opportunity to access bail while others must await their trial in jail is absurd. There are many issues with our bond system that are worth addressing. Fixing incongruities and inequities in that system as it relates to first-degree murder charges is as good a place to start as any. Vote 'yes' on Amendment I. "

Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Colorado ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Bail in Colorado

Bail is an amount of money a defendant must post in order to be released from custody while awaiting their trial. Bail is set to ensure that defendants appear at trials and is returned to defendants after a trial is over.

In Colorado, bail amounts are determined by judges who consider the severity of a crime, the defendant's criminal history and community ties, the defendant's likelihood of appearing in court, and the defendant's financial resources.

In Colorado, under Section 19 of Article II of the Colorado Constitution, bail may be denied in the following cases:

• a capital offense when proof is evident or presumption is great;
• crimes of violence alleged to have been committed (1) while on probation or parole for another conviction of a violent crime; (2) while out on bail for an alleged violent crime;
• crimes of violence committed after (1) two previous felony convictions; (2) one previous felony conviction of a violent crime.

If a person is denied bail, the trial of the person must begin within 90 days after the date bail is denied, If the trial does not begin within 90 days and the delay is not attributable to the defense, the court must schedule a bail hearing and set a bail amount for the person.

Courts may grant bail after a person is convicted, pending sentencing or appeals, if the appeal is not frivolous or being pursued for the purpose of delay and if court finds that the person is unlikely to flee and does not pose a danger to the safety of any person or the community. Bail may be denied for persons convicted of:

• murder;
• felony sexual assault involving the use of a deadly weapon;
• a felony sexual assault committed against a child under 15;
• a crime of violence; or
• a felony in which a firearm was used.

Constitutional amendments related to bail in Colorado

In 1982, Coloradans approved a constitutional amendment that expanded situations where pre-trial bail could be denied. The amendment was approved with 83% of voters in favor and 17% opposed. In 1984, voters approved an amendment that prohibited post-conviction bail for individuals convicted of violent felonies and establishing conditions under which post-conviction bail can be denied for other felonies. The amendment was approved with 77% of voters in favor and 23% opposed.

People v. Smith (2023)

In 2020, the Colorado State Legislature passed a bill, Senate Bill 100, which repealed the death penalty in all circumstances for charges on or after July 1, 2020.

In 2023, the Colorado Supreme Court reviewed a district court's order treating a defendant's charge of first-degree murder as a capital offense, allowing the court to deny bail if the proof is evident and presumption is great that a capital offense was committed. The term capital offense was defined in state law as an offense for which the death penalty may be imposed. Because Colorado repealed the death penalty, the supreme court ruled that first-degree murder could not be considered a capital offense for the purpose of denying bail.

According to a prosecutor with the Colorado District Attorney's Council, about 500 first-degree murder cases involved a defendant eligible for bail since the supreme court's 2023 ruling.

Path to the ballot

See also: Amending the Colorado Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Colorado State Senate and the Colorado House of Representatives.

The amendment was introduced as House Concurrent Resolution 24-1002. It was passed by the House on March 2, 2024, in a vote of 59-5 with one member absent. The Senate passed the amendment on March 28, 2024, in a vote of 35-0.

Vote in the Colorado House of Representatives March 3, 2024
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 44  a
	Yes	No	Not voting
Total	59	5	1
Total percent	90.77%	7.69%	1.54%
Democrat	41	4	1
Republican	18	1	0

Vote in the Colorado State Senate March 28, 2024
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 24  a
	Yes	No	Not voting
Total	35	0	0
Total percent	100.00%	0.00%	0.00%
Democrat	23	0	0
Republican	12	0	0

How to cast a vote

See also: Voting in Colorado

See below to learn more about current voter registration rules, identification requirements, and poll times in Colorado.

How to vote in Colorado

Poll times

In Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.

Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.

Automatic registration

See also: Automatic voter registration

Colorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies.

Online registration

See also: Online voter registration

Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Colorado allows same-day voter registration for individuals who vote in person.

Residency requirements

Colorado law requires 22 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Colorado does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Colorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with their mail-in ballot. Click here for more information.

The following list of accepted forms of identification was current as of October 2025. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.

“

The following documents are acceptable forms of identification: A valid Colorado driver’s license or valid identification card issued by the Colorado Department of Revenue. (Note: documents issued to not lawfully present and temporarily lawfully present individuals under Part 5 of Article 2 of Title 42, C.R.S. are not acceptable forms of identification.) A valid U.S. passport. A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the U.S. government or of Colorado, or by any county, municipality, board, authority, or other political subdivision of Colorado. A valid pilot’s license issued by the federal aviation administration or other authorized agency of the U.S. A valid U.S. military identification card with a photograph of the eligible elector. A copy of a current (within the last 60 days) utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector. A Certificate of Degree of Indian or Alaskan Native Blood. A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services. A certified copy of a U.S. birth certificate for the elector. Certified documentation of naturalization. A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in section 23-3.1-102(5), C.R.S.. A valid veteran identification card issued by the U.S. department of veterans affairs veterans health administration with a photograph of the eligible elector. A valid identification card issued by a federally recognized tribal government certifying tribal membership. Any form of identification listed above that shows your address must show a Colorado address to qualify as an acceptable form of identification. The following documents are also considered acceptable forms of identification for voting: Verification that a voter is a resident of a group residential facility, as defined in section 1-1-104(18.5), C.R.S. Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5, C.R.S. Written correspondence from the county sheriff or his or her designee to the county clerk indicating that a voter is confined in a county jail or detention facility.

”

• Note: SB 1, signed into law on May 12, 2025, specified that tribal IDs issued by the Bureau of Indian Affairs, the Indian Health Service, or another federal agency were also valid identification.

See also

2024 measures

• 2024 ballot measures
• Civil and criminal trials on the ballot
• 2024 petition deadlines

Colorado

• Colorado ballot measures
• Colorado initiative laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls
• Ballot measure signature costs

External links

• Colorado House Concurrent Resolution 24-1002