First Degree Murder Bail & Jury Selection Statute

Under current law, all persons have the right to bail pending disposition of charges, with certain exceptions, including an exception for persons charged with capital offenses. The bill adds an exception for murder in the first degree when proof is evident or presumption is great.

Under current law, in capital cases, each side is entitled to 10 peremptory juror challenges, and if there is more than one defendant, each side is entitled to an additional 3 peremptory challenges for every defendant after the first. The bill applies that existing law to cases in which a defendant is charged with murder in the first degree.

The bill is contingent on the adoption at the 2024 general election of a state constitutional amendment concerning bail exceptions.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)