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Committee reviews H.409 amendment to let prosecutors appeal denied bail‑revocation requests to Supreme Court
Summary
The House Judiciary Committee considered an amendment to H.409 that would allow the State to appeal trial‑court denials of bail‑revocation requests to the Supreme Court and update statutory cross‑references from expungement to sealing; members raised questions about NCIC policy, a $200 misdemeanor cap and how single‑justice reviews would operate.
The House Judiciary Committee on Jan. 14 reviewed an amendment to H.409 that would create a formal avenue for prosecutors to appeal a trial court’s denial of a motion to revoke bail and would update statutory cross‑references from expungement to sealing, committee counsel said.
Michelle Chow of the Office of Legislative Counsel told the committee the draft (version 2.2) contains two substantive pieces: a technical correction in Title 13 to point cross‑references to the state’s new sealing provisions and a procedural change adding subdivision c(2) so the State can appeal denied revocation requests to a single justice of the Supreme Court. "What you're doing is you're allowing another avenue to use that process," Chow said, explaining the amendment would use an existing appeal mechanism rather than create a wholly new procedure.
The amendment aims to give prosecutors a route to build a record in fact‑based revocation requests — for example, where repeated violations of release conditions or new crimes…
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