Removing Bail Eligibility for First-Degree Murder Cases Passes House

Legislation would refer a constitutional amendment to voters on the November 2024 ballot to remove bail eligibility for people accused of first-degree murder

DENVER, CO - The House today passed legislation sponsored by Majority Leader Monica Duran to refer a ballot measure to Colorado voters to make first-degree murder defendants ineligible for bail.

“Without this constitutional amendment, people who commit first-degree murder will continue to be eligible for bail,” said Majority Leader Monica Duran, D-Wheat Ridge, sponsor of HCR24-1002 and HB24-1225. “Victims and their families deserve justice, and removing the possibility of bail for defendants with strong evidence against them is crucial in keeping Colorado communities safe. With the passage of these bills in the House, Coloradans are one step closer to voting on whether to remove bail eligibility for first-degree murder cases.”

In 2023, the Colorado Supreme Court ruled in People v. Smith that defendants of capital offenses are eligible to be released on bail per language in Colorado statute. 

HCR24-1002, also sponsored by Representative Mike Lynch, R-Wellington, would refer a constitutional amendment to Colorado voters on the November 2024 ballot to exempt the right to bail for first-degree murder cases when the proof is evident or the presumption is great. Voters would have to approve the constitutional amendment by at least 55 percent for it to be adopted into the Colorado Constitution. HCR24-1002 passed by a vote of 59-5.

HB24-1225, also sponsored by Representative Mike Lynch, R-Wellington, would make the conforming changes in Colorado statute if the voters adopt the constitutional amendment, exempting defendants who are charged with first-degree murder from bail eligibility when the proof is evident or presumption is great. HB24-1225 also aligns jury procedures for first-degree murder cases with other capital cases to allow 10 peremptory challenges during jury selection for the first defendant and an additional three for every defendant after. The bill, which also passed by a vote of 59-5, is contingent on the adoption of a state constitutional amendment created by HCR24-1002.