This bill proposes the enactment of a new section in Chapter 31, Article 3 of the New Mexico Statutes, which designates certain felony offenses as dangerous or violent for the purpose of hearings to deny bail. The specified offenses include first and second degree murder, voluntary manslaughter, aggravated battery against a household member, various forms of kidnapping and sexual offenses, robbery, aggravated arson, and offenses involving firearms, among others. Additionally, the bill allows for the designation of other offenses as dangerous or violent based on the court's determination of the underlying allegations or resulting harm.

The provisions of this act will only take effect upon the successful amendment of Article 2, Section 13 of the New Mexico Constitution. This amendment would enable courts to deny bail for individuals charged with designated felony offenses if the prosecuting authority can demonstrate, by clear and convincing evidence, that release conditions would not adequately protect the community or that the individual poses a flight risk. Furthermore, it establishes a presumption against bail for those charged with dangerous or violent felony offenses, which can be rebutted by the defendant.