Colorado voters to decide if first-degree murder suspects have right to bail
DENVER (KDVR) — Two bipartisan measures that would make first-degree murder suspects ineligible for bail passed through the Colorado Senate on Thursday and will be put to voters in the fall.
The idea behind the bills is to not allow murder suspects out on bail, but instead make the judicial system tougher on murder suspects. The measures passed unanimously through the Senate on Thursday.
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Legislators, district attorneys applaud measures
“We have seen harrowing examples in Colorado of first-degree murder defendants posting bail and committing further violent crime before their court date,” said Rep. Rhonda Fields, a Democrat representing Adams and Arapahoe counties and one of the bills’ primary sponsors. “Making first-degree murder defendants ineligible for bail would give victims and their families peace of mind and help keep our communities safe.”
Sen. Bob Gardner, a Republican representing El Paso and Teller counties, said protecting victims and bringing criminals to justice is one of his priorities. He is also a primary sponsor of the bill.
“This change merely ensures defendants accused of committing the most heinous crimes are not released to commit further crimes. I have no doubt Colorado voters will vote in favor of this measure in November,” Gardner said in a release.
Tom Raynes, the Colorado District Attorney’s Council executive director, said the organization also applauds the measures movement through Colorado’s legislature.
“Returning to the status quo will protect the families of these crimes, ensure the safety of witnesses and provide the overall safety of the community while maintaining the procedural safeguards and rights of the defendant throughout the judicial process,” Raynes said.
Colorado Supreme Court ruling permits bail
As things currently stand, the Colorado Supreme Court’s 2023 ruling on the constitutional interpretation of capital offense exceptions maintains that a district court abused its discretion when it “treated the charge of first-degree murder as a capital offense and then denied the defendant’s request for bail.”
That means that since Colorado abolished the death penalty in 2020, defendants charged with first-degree murder have had a right to bail.
Voters to consider right to bail
One of the two bills would refer a constitutional amendment to voters asking to exempt the right to bail for first-degree murder cases “when the proof is evident or the presumption is great.” The measure would have to be approved by at least 55% of Colorado voters during the November General Election.
The bill was sent to the Colorado Secretary of State’s office to be included on the Nov. 5 general election ballots.
The second bill would make the conforming changes to Colorado’s statutes if voters adopt the constitutional amendment and align jury procedures for first-degree murder cases with other capital cases. This would allow for 10 peremptory challenges during jury selection for the first defendant and an additional three for every defendant after.
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The second bill now heads to the governor’s desk for his signature, but will not be implemented unless voters approve the other bill.
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