DENVER – Today in the state of Colorado, defendants charged with first degree murder can be released on bail. Thanks to initiatives championed by the Senate Republicans, this could soon change.

Today, Senator Gardner’s HCR24-1002 and HB24-1225 passed unanimously in the Senate. Now, voters in Colorado will decide whether to amend the state constitution to deny bail to defendants charged with first degree murder when proof is evident or the presumption of guilt is great.

“Protecting victims and ensuring criminals are brought to justice has always been one of my top priorities here at the legislature,” Senator Gardner said. “This change merely ensures defendants accused of committing the most heinous crimes are not released to commit further crimes. I have no doubt Colorado voters will vote in favor of this measure in November.”

Due to a state Supreme Court decision issued last summer, any defendant charged with first degree murder since July 1st, 2020, has the right to bail. This Supreme Court case came as a consequence of Colorado’s abolition of the death penalty in 2020. Following the Court’s decision, the Colorado Senate Republicans called on Governor Jared Polis to convene a special legislative session so that a resolution such as HCR24-1002 could be passed.

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