Amendment I – Constitutional Bail Exception for First Degree Murder

CO Constitution’s Article II, Section 19, (1) lists the cases in which a person charged with an offense shall be denied bail. They include (in abridged form):
a) For capital offenses when proof is evident or presumption is great (PEPG); or
b) After a timely hearing usually within 96 hours, the court finds that PEPG of the alleged crime, and finds that the public would be in significant peril if the accused were released on bail, and that the person accused of a crime of violence alleged to be committed was on probation, parole, bail or had a specific felony conviction as described in the constitution.

A capital offense is one which may result in a death sentence. First degree murder was a capital offense until Colorado abolished the death penalty in 2020. Therefore, section a) above is no longer applicable.

Amendment I adds section d) to include first degree murder when PEPG.

CO Constitution’s Article II, Section 19, (2) states that if a person is denied bail, then the accused’s trial must begin within 90 days after bail is denied, EXCEPT in the case of a capital offense. Amendment I adds first degree murder to the exception clause so a person accused of first degree murder may languish in jail indefinitely.

Bail is defined as the temporary release of an accused person awaiting trial. Sometimes bail requires posting a financial security, e.g., money or real estate. Sometimes bail occurs on the defendant’s own recognizance, i.e., a promise to show up for the trial.

Recommendation: No

If Amendment I gave the judge discretion to deny bail or required a first degree murder trial to begin within 90 days, then this would be a better constitutional amendment. By requiring the judge to deny bail and not requiring a speedy trial, this constitutional amendment deserves a No vote.

Website for the Yes Side
No known website – Info on a proponents’ website appreciated.

Website for the No Side
No known website – Info on an opposition website appreciated.


Approved Ballot Language
Amendment I (CONSTITUTIONAL)

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?

YES/FOR ___
NO/AGAINST ___

HCR24-1002 to refer Amendment I to the voters
https://leg.colorado.gov/bills/hcr24-1002