Thread: Another violation of an Arizona Proposition?

Published: 04.19.2007

2 Mexican men indicted in entrant killings
By Arthur H. Rotstein
THE ASSOCIATED PRESS
A Pima County grand jury has indicted two Mexican citizens on murder charges in the shooting deaths of two suspected illegal entrants among a group attacked in a pickup truck, authorities said.
The indictment charges Rosario Humberto Araujo-Monarrez, 21, and Martin Esrain Flores-Gaxiola, 18, each with two counts of first-degree murder and 21 counts of endangerment, Deputy County Attorney Rick Unklesbay said. The men are from Sinaloa.
The men were charged, in the indictment handed up last week, with the March 30 attack on a pickup hauling 23 suspected illegal immigrants near Green Valley — the latest of at least four fatal assaults this year on illegal immigrants.
Each defendant is being held under a $1 million bond in the Pima County jail, Unklesbay said.
The two were found within hours of the shooting at a campsite about a half-mile from the remote desert site where the attack took place. Three high-powered weapons were also found.
Both men told investigators that four men took part in the shootings, and that they were trying to seize what they thought was a smuggler's truckload of drugs, authorities said after the arrests.
http://www.azstarnet.com/sn/printDS/179089

I was under the impression that one of the many AZ propositions overwhelmingly passed last year, held illegal aliens without bond...

2006 Ballot Proposition Guide
Issued by the Arizona Secretary of State's Office

PROPOSITION 100
OFFICIAL TITLE
HOUSE CONCURRENT RESOLUTION 2028
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING ARTICLE II, SECTION 22, CONSTITUTION OF ARIZONA; RELATING TO BAILABLE OFFENSES.
TEXT OF PROPOSED AMENDMENT
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Article II, section 22, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
22. Bailable offenses
Section 22. A. All persons charged with crime shall be bailable by sufficient sureties, except for:
1. FOR capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great.
2. FOR felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.
3. FOR felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge.
4. FOR SERIOUS FELONY OFFENSES AS PRESCRIBED BY THE LEGISLATURE IF THE PERSON CHARGED HAS ENTERED OR REMAINED IN THE UNITED STATES ILLEGALLY AND IF THE PROOF IS EVIDENT OR THE PRESUMPTION GREAT AS TO THE PRESENT CHARGE.
B. The purposes of bail and any conditions of release that are set by a judicial officer include:
1. Assuring the appearance of the accused.
2. Protecting against the intimidation of witnesses.
3. Protecting the safety of the victim, any other person or the community.
2. The Secretary of State shall submit this proposition
to the voters at the next general election as provided by article XXI, Constitution of Arizona.
Analysis by Legislative Council
The Arizona Constitution provides that all persons who are charged with a crime are eligible for bail, subject to certain exceptions. Bail is not allowed for any person who is charged with a crime if the court finds proof that the person committed the crime is evident or the presumption that the person committed the crime is great and the charged crime is one of the following:
1. A capital offense (an offense punishable by death), sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age.
2. A felony offense committed when the person charged is already admitted to bail on a separate felony charge.
3. A felony offense if the person charged poses a substantial danger to any other person or the community and no condition of release will reasonably assure the safety of the other person or community.
Proposition 100 would amend the Arizona Constitution to additionally prohibit bail for any person who is charged with a serious felony offense (as determined by the Legislature) if the person charged entered or remained in the United States illegally and the court finds proof that the person committed the crime is evident or the presumption that the person committed the crime is great.
In 2006, the Legislature enacted legislation to specify that class 1, 2, 3 and 4 felony offenses would constitute the "serious felony" offenses for which a person who has entered or remained in the United States illegally shall be denied bail. That legislation does not become effective unless Proposition 100 is enacted.