REBUTTABLE PRESUMPTION AGAINST RELEASE

SB 196 establishes a legal presumption that defendants charged with specific serious crimes (like murder, child trafficking, child abuse, sexual exploitation of children, firearm offenses, or causing death/great bodily harm) should not be released before trial. Prosecutors must prove by "clear and convincing evidence" that the defendant poses a safety threat and no release conditions can protect the public. The defendant may still challenge this presumption in court, but the burden of proof remains on the prosecution. The bill is pending (postponed indefinitely in June 2025) and would apply only to cases filed on or after its effective date.