STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE JOINT
RESOLUTION 1088	By:	Terrill

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 8 of Article II of the Constitution of the State of Oklahoma; modifying exceptions for the right to bail; providing ballot title; and directing filing.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 53RD OKLAHOMA LEGISLATURE:
SECTION 1.  The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 8 of Article II of the Constitution of the State of Oklahoma to read as follows:
Section 8.  A.  All persons shall be bailable by sufficient sureties, except that bail may be denied for:
1.  capital offenses when the proof of guilt is evident, or the presumption thereof is great;
2.  violent offenses;
3.  offenses where the maximum sentence may be life imprisonment or life imprisonment without parole;
4.  felony offenses where the person charged with the offense has been convicted of two or more felony offenses arising out of different transactions; ~~and~~
5.  controlled dangerous substances offenses where the maximum sentence may be at least ten (10) years imprisonment; and
6.  serious felony offenses as prescribed by the Legislature if the person charged has entered or remained in the United States illegally.
On all offenses specified in paragraphs 2 through ~~5~~ 6 of this section, the proof of guilt must be evident, or the presumption must be great, and it must be on the grounds that no condition of release would assure the safety of the community or any person.
B.  The provisions of this resolution shall become effective on July 1, 1989.
SECTION 2.  The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be in the following form:
BALLOT TITLE
Legislative Referendum No. ____	State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends the Oklahoma Constitution.  It amends Section 8 of Article 2 of the Oklahoma Constitution.  This measure allows bail to be denied to a person who has entered or remained in the United States illegally and has been charged with a serious felony offense.    
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 3.  The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

53-2-9024	GRS	01/17/12