NE1: Fair Bail Reform Act (Law)

[cinyc]

Fair Bail Reform Act

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Sponsor: Representative Napoleon

Debate on this bill shall remain open for 72 hours, or until around 10:45PM on March 26, unless modified or extended.  The sponsor, Rep. Napoleon, is encouraged to speak on behalf of the bill within the next 36 hours.  If he does not, the bill will be tabled, as there is other proposed legislation in the queue.

The floor is open for debate.

[#CriminalizeSobriety]

I'd like to speak out in support of this act.

Article VI, Section 13 of the Constitution reads as follows:

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As many of you know, there's a similar provision in the United States Constitution.

However, what is excessive?

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citation

We are blessed to live in a nation where there is the presumption of innocence. However, such staggering fines would not give one such an impression.

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citation

I would say that $10,000 is a bit excessive for those accused of violent crimes (especially considering the demographics of who would be more likely to be pressed with such charges) but I'm willing to compromise, if a smaller amount won't pass muster with the Assembly.

[sentinel]

While I agree with the idea, I'm not totally comfortable with linking bail to income level. I think this benefits the rich who have higher disposable income and hurts the poor (the very demographic that you're trying to protect).

[Napoleon]

While I agree with the idea, I'm not totally comfortable with linking bail to income level. I think this benefits the rich who have higher disposable income and hurts the poor (the very demographic that you're trying to protect).

There is literally zero chance of that being a valid argument, given the text of the bill. Please explain how the poor are hurt.

[cinyc]

I oppose this bill.  Bail is set way too low to deter suspected criminals from fleeing the country.  3.5% of income is nothing to a rich man with tons of assets.  And $10,000 bail is way too low for a suspected serial killer who has shown a propensity to kill again.  Denying bail to suspected dangerous offenders should always be on the table.

[#CriminalizeSobriety]

While I agree with the idea, I'm not totally comfortable with linking bail to income level. I think this benefits the rich who have higher disposable income and hurts the poor (the very demographic that you're trying to protect).

I wouldn't say that's the case.

I'm shoddy with math, but one would have to be in the neighborhood of $280,000 a year to pay a greater amount than $10,000 for example.

I oppose this bill.  Bail is set way too low to deter suspected criminals from fleeing the country.  3.5% of income is nothing to a rich man with tons of assets.  And $10,000 bail is way too low for a suspected serial killer who has shown a propensity to kill again.  Denying bail to suspected dangerous offenders should always be on the table.

What if we were to amend it for those who have a criminal background/prior offenses?

Proposition:

[quote]Fair Bail Reform Act

Section 1:

1. For the accused of a nonviolent crime, bail is not to exceed $1000 or 2.5% of income based on the accused's most recent tax return, whichever is greater.
2. For the accused of a violent crime, bail is not to exceed $10000 or 3.5% of income based on the accused's most recent tax return, whichever is greater.

Section 2:

1. Judges may deny bail to accused persons with a prior criminal background.
2. Accused persons who have been acquitted are entitled to a refund of any bail paid.

[Napoleon]

I oppose this bill.  Bail is set way too low to deter suspected criminals from fleeing the country.  3.5% of income is nothing to a rich man with tons of assets.  And $10,000 bail is way too low for a suspected serial killer who has shown a propensity to kill again.  Denying bail to suspected dangerous offenders should always be on the table.

Denying bail is not prohibited by this bill, only excessive bail. And I'm fine with the criminals leaving the country..don't let the door hit you.

Anyway we can fiddle with the numbers if necessary.

[cinyc]

Denying bail is not prohibited by this bill, only excessive bail. And I'm fine with the criminals leaving the country..don't let the door hit you.

Anyway we can fiddle with the numbers if necessary.

I'm not sure that I support ANY limit that ties a judge's hand when setting bail.  If a bail cap is artificially set too low and judges retain the right to deny bail, there will end up being more denials of bail when suspected criminals present a flight risk.  That's probably the opposite of what you intend to happen. 

You shouldn't be fine with criminals avoiding prosecution and living the good life in some other country where they are safe from extradition.  One of the purposes of a jail sentence is to punish wrongdoers.  Allowing criminals to avoid punishment by fleeing the country because they don't care if they get their very low bail back defeats the punitive purpose of sentencing.

What do you think of Governor Dallasfan65's proposed amendment?  Note that because he is not a Representative or sponsor of this bill, it won't be put to a vote if you reject it.

[Cincinnatus]

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This does not imply that Judges can't deny bail to those without a prior criminal background, which gives some weight to cinyc's evaluation.

I'm not content to idly sit by and allow excessive bail, but I think the premise of this bill assumes it's a widespread systemic problem, which I'm not convinced it is.  The limitations set on both sets of crimes are far too low, for example, consider white collar crime with a bail ceiling of $1000, or 2.5%.  Imagine that high profile fraud granted bail for only 2.5% of their most recent tax return.  We should also not be content with encouraging accused criminals who are out on bail, to flee to other countries.  Surely none of us consider this responsible.

 

[cinyc]

The debate period is over.  Seeing no proposed amendments, it is time to vote on the bill as originally drafted:

Fair Bail Reform Act

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This vote shall remain open for the earlier of 48 hours or when all Representatives have voted.

[cinyc]

Nay

[sentinel]

Aye

[Napoleon]

Aye

[cinyc]

48 hours have passed since I opened the vote.  By a vote of 2-1 with 2 absences, the bill passes and goes to the governor's desk for his signature or veto.

[cinyc]

The governor has signed this bill into law.