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HJR 14

Proposing an amendment to the Oregon Constitution relating to disqualification of members of the Legislative Assembly.

2025 Regular Session Introduced by Dick Anderson and 15 co-sponsors

HJR 14 would expand pretrial detention by letting all courts deny bail for misdemeanors and felonies, broaden who can seek detention hearings, and remove constitutional limits.

In committee upon adjournment.
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Bill Summary · HJR 14

Summary — HJR 14: “Denial of Bail, CA” (New Mexico) — Joint Resolution

Status: Action postponed indefinitely (most recent procedural entry: 2025-06-03)
Type: Joint resolution — proposed constitutional amendment (Article II, Section 13)
Ballot timing (if advanced): next general election (Nov 2026) or special election called for the purpose; becomes effective only if approved by voters.

Main purpose

HJR 14 proposes a constitutional amendment to expand state courts’ authority to deny pretrial release (bail) by widening the classes of courts, the categories of offenses, the parties who may seek detention hearings, and the legal grounds for detention. It also removes constitutional limits that would otherwise constrain legislative authority over bail prohibitions.

Key provisions / changes proposed

  • Change Article II, Section 13 to allow all courts (not just “courts of record”) to deny bail. This expands detention authority into lower/non‑record courts (e.g., magistrate courts).
  • Remove the constitutional language that limits bail prohibitions to those set in the Constitution, allowing the Legislature greater authority to define bail‑prohibition terms.
  • Eliminate the current felony‑only limitation — courts could detain defendants without bail for misdemeanor offenses as well as felonies.
  • Remove the constitutional provision that only prosecuting authorities may request a hearing to determine whether bail should be denied — broadening who may initiate or be involved in detention proceedings.
  • Broaden the detention standard: currently pretrial detention is allowed when “no release conditions will reasonably protect…the community.” The amendment would allow detention where “release conditions will not reasonably ensure the appearance of the person” (i.e., non‑appearance as an independent ground), and would more explicitly permit detention to ensure public safety or appearance.

Who would be affected

  • Defendants charged with misdemeanors and felonies (substantially increasing the pool eligible for pretrial detention).
  • County jails and sheriffs (potentially large increases in pretrial jail populations and associated costs).
  • District and magistrate courts (more detention hearings, increased staffing and operational needs).
  • District Attorney offices (screening and prosecuting more detention motions; expanded travel to lower courts).
  • The Law Offices of the Public Defender (more detention hearings, detained clients, and appeals — LOPD reports staffing needs).
  • New Mexico Attorney General (possible increase in appeals handled).
  • Secretary of State (ballot printing/publication costs if placed before voters).

Fiscal impact (estimates from Legislative Finance Committee / agency analyses)

  • Statewide judicial and related agency impacts described as potentially substantial if voters approve.
  • Court/election printing: estimated additional election/ballot cost per constitutional amendment — $35,000 to $50,000 (General Fund).
  • County incarceration costs: marginal cost estimated at ~$19,200 per additional pretrial inmate per year (≈ $1,600/month). Example: if 10% of misdemeanor cases (≈ 8,627 individuals) were held for one month, counties could incur roughly $13.8 million.
  • LOPD recurring staffing cost estimated at at least $1.892 million.
  • Combined estimated total impact cited: at least $15.742 million (aggregate of identified county and LOPD estimates; other impacts described as indeterminate).
  • Other impacts to AOC, DA offices, and NMAG described as additional and variable (increased hearings, appeals, travel, and staffing needs).

Procedural / timeline notes

  • HJR 14 is a joint resolution proposing a state constitutional amendment — it would only take effect if approved by New Mexico voters.
  • The Fiscal Note recommends significant resource planning if approved because it would broaden pretrial detention substantially.
  • Current legislative status: action postponed indefinitely (i.e., not advancing at present).

Sources: Legislative Finance Committee fiscal note and agency analyses (AOC, LOPD, AODA, NMAG), HJR 14 text summary.

Compiled from official sources — confirm details with the bill’s official record.

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