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2024 Colorado Amendment I

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Amendment I

November 5, 2024

Constitutional Bail Exception for First Degree Murder

2024 Colorado Amendment I is a proposed amendment to the Colorado Constitution that will appear on the general election ballot on November 5, 2024, in Colorado. If the measure passes, it would allow judges to deny bail to individuals accused of first degree murder in cases where there is enough evidence for the judge to presume the defendant will eventually be convicted. As the ballot measure would modify the state Constitution, it requires a 55% majority to pass.[1]

Background

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In 2020, the Colorado General Assembly abolished the death penalty within the state. Since Colorado law only allows denial of bail for capital offenses, abolishing the death penalty inadvertently removed the ability of judges in the state to deny bail. This was made official by the Colorado Supreme Court decision People v. Smith. This led to bipartisan calls to restore the ability of judges to deny bail when "proof is evident or presumtion is great".[2]

On February 8, 2024, Representatives Monica Duran and Mike Lynch and Senators Rhonda Fields and Bob Gardner introduced House Concurrent Resolution 24-1002 to refer the issue of creating an exemption for the right to bail in suspected cases of first degree murder to voters. The bill passed the Colorado House of Representatives with bipartisan support and was then passed by the Colorado Senate unanimously.[3]

March 4, 2024 vote in the Colorado House of Representatives
Political affiliation Voted for Voted against Abstained/Not present
  Democratic Party 41
  Republican Party 18 -
Total 59 5 1
March 28, 2024 vote in the Colorado Senate
Political affiliation Voted for Voted against Abstained/Not present
  Democratic Party 23 - -
  Republican Party 12 - -
Total 35 - -

Contents

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The amendment will appear on the ballot as follows:[4]

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?

Results

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Results will begin being made public for Amendment I at 7:00 pm on November 5, 2024, when polls close. Amendment I requires a 55% majority to pass.

Amendment I
Choice Votes %
Result not yet known
Total votes 100.00

See also

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References

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  1. ^ Olivia Prentzel (October 7, 2024). "Amendment I: Should Colorado judges be able to deny bail to people charged with first-degree murder?". The Colorado Sun. Retrieved October 28, 2024.
  2. ^ Megan Verlee (October 3, 2024). "Amendment I: No bail for first degree murder in Colorado, explained". Colorado Public Radio. Retrieved October 28, 2024.
  3. ^ "HCR24-1002 Constitutional Bail Exception First Degree Murder". Colorado General Assembly. Retrieved October 26, 2024.
  4. ^ "2024 State Ballot Information Booklet" (PDF). Colorado General Assembly. October 26, 2024. Retrieved September 17, 2024.