SB 410

Bill Subjects

Courts; Bail And Bail Bondsmen Courts; Trial Courts Criminal Law And Procedure; Evidence Criminal Law And Procedure; Generally Criminal Law And Procedure; Prosecuting Attorneys (Non-Elected)

Abstract

Provides that a trial court may not release on bail a defendant if the state proves by clear and convincing evidence that a defendant poses a substantial risk and the proof is evident or the presumption strong. Establishes a procedure for the state to petition the trial court for a determination that a defendant poses a substantial risk. Provides that for an arrestee whose most serious pending charge is a misdemeanor or a Level 6 felony, the arrestee is presumptively entitled to release without money bail or surety. Provides that an arrestee is not presumptively entitled to release without money bail or surety if certain conditions apply.