BAIL "REFORM"

On March 31, 2019, Jim Gaughran voted to allow every criminal defendant charged with the below crimes to be immediately released without a judge having the discretion to set bail, including:

Criminally Negligent Homicide
Vehicular Manslaughter
Manslaughter
Aggravated Vehicular Assault
Promoting a Suicide Attempt
Promoting a Sexual Performance by a Child
Possessing a Gun on School Grounds
(S. 1509-C (2019))

The full list is below

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                    Other values

Help us fund the effort                        Other values

Help us fund the effort                        Other values    

Homicide and Related Offenses

  • Criminally Negligent Homicide*
  • Vehicular Manslaughter in 1st or 2nd degree*
  • Aggravated Vehicular Homicide*
  • Manslaughter in the 2nd Degree*
  • Reckless assault of a child by a child day care provider
  • Vehicular assault in the 1st degree*
  • Vehicular assault in the 2nd degree
  • Aggravated vehicular assault*
  • Aggravated assault upon a person less than 11 years old*
  • Menacing in the 1st, 2nd or 3rd degrees
  • Hazing in the 1st and 2nd degrees
  • Reckless endangerment in the 1st or 2nd degrees
  • Promoting a suicide attempt*
  • Stalking in the 2nd, 3rd or 4th degrees
  • Assault in the 3rd degree

Children Offenses

  • Disseminating indecent material of minors in the 1st and 2nd degree
  • Possessing a sexual performance by a child
  • Failure to register as a sex offender
  • Obscenity in the 1st, 2nd and 3rd degrees
  • Promoting an obscene sexual performance by a child*
  • Promoting a sexual performance by a child*
  • Abandonment of a child
  • Non-support of a child in 1st or 2nd degrees
  • Endangering the welfare of a child*
  • Unlawfully dealing with a child in the 1st or 2nd degrees
  • Facilitating female genital mutilation
  • Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in 1st or 2nd degrees
  • Misrepresentation by, or on behalf of, a caregiver for a child or children

Prostitution

  • Prostitution in a school zone
  • Patronizing a prostate in the 3rd degree
  • Patronizing a prostitute in a school zone
  • Promoting prostitution in a school zone
  • Promoting prostitution in 1st, 2nd, 3rd or 4th degrees
  • Permitting prostitution

Harming Animals

  • Killing or injuring a police animal
  • Killing a police work dog or police work horse
  • Harming an animal trained to aid a person with disability in 1st or 2nd degrees
  • Harming a service animal in the 1st or 2nd degrees
  • Interference, harassment or intimidation of a service animal
  • Aggravated cruelty to animals
  • Abandonment of animals
  • Poisoning or attempting to poison an animal

Firearms Offenses

  • Criminal possession of a weapon in the 4th degree
  • Criminal possession of a weapon on school grounds*
  • Criminal possession of a firearm
  • Criminal possession of a rapid-fire medication devices
  • Unlawful possession of weapon upon a school ground
  • Manufacture, transport, disposition and defacement of weapons and dangerous instruments
  • Criminal sale of a firearm to a minor – under 19 years old
  • Criminal purchase or disposal of a weapon
  • Unlawful possession of a large capacity ammunition feeding device
  • Failure to safely store rifles, shotguns and firearms in 1st or 2nd degrees
  • Criminal possession of an undetectable firearm, shotgun or rifle

Strangulation and Related Offenses

  • Criminal obstruction of breathing or blood circulation*
  • Strangulation in the 2nd degree*

Kidnapping, Coercion and Related Offenses

  • Unlawful imprisonment in the 1st degree*
  • Unlawful imprisonment in the 2nd degree
  • Aggravated labor trafficking
  • Custodial interference in the 1st or 2nd degrees
  • Substitution of children
  • Coercion in the 1st, 2nd or 3rd degree

Burglary & Robbery

  • Criminal trespass in the 1st, 2nd or 3rd degrees
  • Burglary in the 3rd degree
  • Burglary in the 2nd degree
  • Possession of burglar’s tools
  • Unlawful possession of a radio device
  • Robbery in the 2nd degree
  • Robbery in the 3rd degree

Terrorism

  • Money laundering in support of terrorism in the 3rd or 4th degrees*

Drug Offenses

  • Criminal possession of a controlled substance in the 2nd, 3rd, 4th, 5th, 6th and 7th degrees
  • Use of a child to commit a controlled substance offense
  • Criminal sale of a controlled substance in the 2nd, 3rd, 4th and 5th degrees
  • Criminal sale of a controlled substance in or near school grounds
  • Criminally possessing a hypodermic instrument
  • Criminal injection of a narcotic drug
  • Criminal sale of a controlled substance to a child
  • Criminally using drug paraphernalia in 1st or 2nd degrees
  • Criminal possession of a methamphetamine manufacturing material in 1st or 2nd degrees
  • Criminal possession of precursors of methamphetamine
  • Unlawful manufacture of methamphetamine in 1st, 2nd or 3rd degree
  • Unlawful disposal of methamphetamine laboratory material
  • Witness or victim of a drug overdose
  • Criminal sale of marijuana in 1st, 2nd, 3rd, 4th or 5th degrees
  • Criminal possession of marijuana in 1st, 2nd, 3rd or 4th degrees
  • Unlawful possession of marijuana in 1st or 2nd degrees

Arson

  • Arson in the 3rd, 4th and 5th degrees

Criminal Mischief and Related Offenses

  • Criminal mischief in the 1st, 2nd, 3rd or 4th degrees
  • Criminal tampering in the 1st, 2nd or 3rd degrees
  • Cemetery desecration in the 1st or 2nd degrees
  • Reckless endangerment of property
  • Aggravated cemetery desecration in 1st or 2nd degrees
  • Unlawfully posting advertisements
  • Tampering with a consumer product in the 1st or 2nd degrees
  • Making Graffiti
  • Possession of Graffiti Instrument
  • Criminal possession of a taximeter accelerating device

Larceny and Theft

  • Grand Larceny in the 2nd, 3rd and 4th degrees
  • Grand Larceny in the 1st degree*
  • Aggravated Larceny of an automated teller machine
  • Petit Larceny
  • Unauthorized use of a vehicle in the 1st, 2nd or 3rd degrees
  • Unlawful use of secret scientific material
  • Auto stripping in the 1st, 2nd or 3rd degrees
  • Theft of services
  • Unauthorized sale of certain transportation services
  • Unlawful use of a credit card or debit card
  • Fraudulently obtaining a signature
  • Jostling
  • Fraudulent accosting
  • Fortune telling
  • Criminal possession of stolen property in 1st, 2nd, 3rd, 4th or 5th degrees
  • Trademark counterfeiting in 1st, 2nd or 3rd degrees
  • Seizure and distribution or destruction of goods bearing counterfeit trademarks

Fraud

  • Welfare fraud in the 1st, 2nd, 3rd, 4th or 5th degrees
  • Criminal use of a public benefit card in the 1st or 2nd degrees
  • Criminal possession of a public benefit card in the 1st, 2nd or 3rd degrees
  • Insurance fraud in 1st, 2nd, 3rd, 4th and 5th degrees
  • Aggravated insurance fraud
  • Life settlement fraud in 1st, 2nd, 3rd, 4th and 5th degrees
  • Aggravated life insurance settlement fraud
  • Staging a motor vehicle accident in 1st and 2nd degrees
  • Health care fraud in the 1st, 2nd , 3rd, 4th and 5th degrees
  • Criminal diversion of prescription medications in the 1st, 2nd, 3rd and 4th degrees
  • Issuing a bad check
  • False advertising
  • False personation
  • Criminal impersonation in 1st or 2nd degrees
  • Criminal sale of a police uniform
  • Unlawfully concealing a will
  • Misconduct by corporate official
  • Criminal usury in 1st or 2nd degrees
  • Possession of usurious loan records
  • Scheme to defraud in 1st or 2nd degrees
  • Scheme to defraud the state by unlawfully selling prescriptions
  • Unauthorized radio transmissions
  • Criminal use of an access decise in 1st or 2nd degrees
  • Identity theft in 1st, 2nd or 3rd degrees
  • Aggravated identity theft
  • Unlawful possession of personal ID information in 1st, 2nd or 3rd degrees
  • Unlawful possession of a skimmer device in 1st or 2nd degrees
  • Immigrant assistance services fraud in 1st or 2nd degrees
  • Money laundering in the 1st degree*
  • Money laundering in the 2nd, 3rd or 4th degree
  • Fraud in insolvency
  • Fraud involving a security interest
  • Fraud disposition of mortgaged property
  • Fraud disposition of proiperty subject to a conditional sale contract
  • Residential mortgage fraud in the 1st, 2nd, 3rd, 4th or 5th degrees

Forgery

  • Forgery in the 1st, 2nd or 3rd degrees
  • Criminal possession of a forged instrument in 1st, 2nd or 3rd degrees
  • Criminal simulation
  • Criminal possession of an anti-security item
  • Unlawful using slugs in 1st or 2nd degree
  • Forgery of a vehicle ID number
  • Illegal possession of a vehicle ID number
  • Fraudulent making of an electronic access device

False Written Statements

  • Falsifying business records in 1st and 2nd degrees
  • Tampering with public records in 1st and 2nd degrees
  • Offering a false instrument for filing in 1st and 2nd degrees
  • Issuing a false certificate

Bribery

  • Commercial bribing in the 1st and 2nd degrees
  • Commercial bribe received in 1st or 2nd degrees
  • Bribing a labor official
  • Bribe received by a labor official
  • Sports bribing
  • Sports bribing received
  • Tampering with a sports contest in 1st or 2nd degrees
  • Impairing the integrity of a pari-mutuel betting system in 1st or 2nd degrees
  • Rent gouging in the 1st, 2nd or third degrees
  • Bribery in the 1st, 2nd and 3rd degrees
  • Bribe receiving in the 1st, 2nd and 3rd degrees
  • Rewarding official misconduct in the 1st and 2nd degrees
  • Receiving reward for official misconduct in 1st and 2nd degrees
  • Giving unlawful gratuities
  • Receiving unlawful gratuities
  • Bribe giving for public office
  • Bribe receiving for public office
  • Impairing the integrity of a government licensing examination
  • Corrupt use of position or authority

Obstructing Public Servants

  • Refusing to aid a peace or police officer
  • Concealment of a human corpse
  • Obstructing governmental administration in 1st or 2nd degrees
  • Obstructing firefighting operations
  • Obstructing EMS services
  • Obstruction of governmental duties by means of a bomb, destructive device, explosive
  • Defrauding the government

Contraband and Hindering Prosecution

  • Promoting prison contraband in the 1st and 2nd degrees
  • Hindering prosecution in the 1st, 2nd and 3rd degrees

Court Proceedings

  • Misconduct by a juror in 1st or 2nd degrees
  • Tampering with physical evidence
  • Compounding a crime
  • Criminal contempt of the legislature
  • Criminal contempt of a temporary state commission
  • Unlawful grand jury disclosure
  • Unlawful disclosure of an indictment
  • Unlawful disposition of assets subject to forfeiture
  • Perjury in the 1st, 2nd and 3rd degrees
  • Making an apparently sworn false statement in the 1st and 2nd degrees
  • Making a punishable false written statemen

Gambling

  • Promoting gambling in 1st or 2nd degrees
  • Possession of gambling records in 1st or 2nd degrees
  • Possession of gambling device
  • Gambling fraud in 1st or 2nd degrees
  • Possession of unlawful gaming property in 1st, 2nd or 3rd degrees
  • Use of unlawful gaming property
  • Manipulation of gaming outcomes
  • Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming.

Offenses against Public Order

  • Disseminating a false registered sex offender notice
  • Riot in 1st or 2nd degrees
  • Inciting a riot
  • Unlawful assembly
  • Criminal anarchy
  • Disorderly conduct
  • Disruption or disturbance of a religious service, funeral, burial or memorial service
  • Harassment in 1st or 2nd degrees
  • Harassment against rent regulated tenant in the 1st or 2nd degrees
  • Aggravated harassment in 1st or 2nd degrees
  • Loitering for purpose of prostitution
  • Appearance in public under influence of narcotics
  • Criminal nuisance in 1st or 2nd degree
  • Falsely reporting an incident in the 3rd degree
  • Unlawful prevention of public access to records
  • Criminal interference with health services or religious worship in 1st or 2nd degrees
  • Aggravated interference with health services in 1st or 2nd degrees
  • Directing a laser at an aircraft in 1st or 2nd degrees
  • Loitering
  • Loitering in 1st degree
  • Public lewdness
  • Exposure of a person
  • Promoting the exposure of a person
  • Public lewdness in the 1st degree
  • Offensive exhibition
  • Public display of offensive sexual material
  • Unlawful dissemination or publication of an intimate image

Right of Privacy Offenses

  • Eavesdropping
  • Possession of eavesdropping devices
  • Failure to report wiretapping
  • Divulging an eavesdropping warrant
  • Tampering with private communications
  • Unlawfully obtaining communications information
  • Failing to report criminal communications
  • Unlawful surveillance in the 1st or 2nd degrees
  • Dissemination of an unlawful surveillance image in 1st or 2nd degrees
  • Manufacture of unauthorized recordings in 1st and 2nd degrees
  • Manufacture or sale of an unauthorized recording of a performance in 1st or 2nd degrees
  • Advertisement or sale of unauthorized recordings in 1st or 2nd degrees
  • Unlawful operation of a recording device in a motion picture or live theater in 1st, 2nd or 3rd degrees
  • Failure to disclose the origin of a recording in 1st or 2nd degrees

Computer Offenses

  • Computer trespass
  • Computer tampering in the 1st, 2nd, 3rd or 4th degrees
  • Unlawful duplication of computer related material in 1st or 2nd degrees
  • Criminal possession of computer related material
  • Operating an unlawful electronic sweepstakes

Marital Offenses

  • Unlawful solemnizing a marriage
  • Unlawfully procuring a marriage license
  • Unlawfully issuing a dissolution decree
  • Bigamy
  • Adultery

Public Safety Offenses

  • Unlawful dealing with fireworks
  • Unlawful possessing or selling noxious material
  • Creating a hazard
  • Unlawfully refusing to yield a party line
  • Unlawful wearing of a body vest
  • Unlawful fleeing a police officer in a motor vehicle in 1st, 2nd or 3rd degrees

* Subsequently made bail eligible in later legislation.

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