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First Degree Murder Bail & Jury Selection Statute

Concerning procedures in murder in the first degree cases, and, in connection therewith, an exception to the right to bail for cases of murder in the first degree when proof is evident or presumption is great.
2024 Regular Session
Courts & Judicial
Crimes, Corrections, & Enforcement
Bill Summary

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 act 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 act applies that existing law to cases in which a defendant is charged with murder in the first degree.

The act takes effect only if House Concurrent Resolution 24-1002 is approved by the people at the general election to be held November 2024.

APPROVED by Governor April 29, 2024

EFFECTIVE Date of the official declaration of the vote thereon by the governor.
(Note: This summary applies to this bill as enacted.)


Became Law


Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details