On January 14, 2019, the U.S. Supreme Court denied a request from Arizona Attorney General Mark Brnovich (R) to decide whether a provision of Proposition 103, approved in 2002, violated the U.S. Constitution.

 

Proposition 103, a constitutional amendment, received 80 percent of the vote in 2002. The ballot measure was designed to prevent courts from granting bail for certain sexual crimes with minors under 15 years of age, including sexual assault, sexual molestation, and sexual conduct.

 

In 2017, the Arizona Supreme Court, in a 4-3 divided opinion, ruled that the provision denying bail to suspects charged with sexual conduct with a minor was unconstitutional. Bail, according to the court, could not be denied for those charged with sexual conduct with a minor without demonstrating that the suspect posed a risk to the victims or society. The provisions denying bail to suspects charged with sexual assault or sexual molestation were not affected.