Under existing law, when a defendant is charged with an enumerated offense under Aniah's Law, the defendant is not eligible for bail until he or she receives a pretrial detention hearing where the court will determine whether to grant the defendant bail. If the prosecuting authority does not request the defendant be denied bail, the court may waive the hearing and grant the defendant bail. This bill would provide that if the defendant is charged with either a Class A felony that resulted in the death of any individual or attempted murder, the prosecuting authority is required to request that the defendant be denied bail and the court may not waive the pretrial detention hearing. This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

Statutes affected:
Introduced: 15-13-3, 15-13-3