The Senate Judiciary committee voted in favor of a proposed constitutional amendment expanding offenses subject to Aniah’s Law.

SB118, sponsored by Sen. Will Barfoot, R-Pike Road, would provide that a judge could deny bail to an individual if charged with the following offenses:

“Shooting or discharging a firearm, explosive, or other weapon into an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft; and any solicitation, attempt, or conspiracy to commit murder.”

Aniah’s Law was a constitutional amendment passed in 2022 giving judges discretion deny bond or bail to individuals charged with certain violent crimes.

The original version of Barfoot’s bill included the offense of certain persons forbidden to possess a firearm. However, that language was taken out in an amendment due to it potentially affecting individuals with misdemeanors who could be held without bond.

During a public hearing on the bill Aylia McKee, the Chief Public Defender for Montgomery County, voiced concern that the bill could lead to individual’s being detained pre-trial for years despite a case of self-defense.

McKee referenced a case where a man was charged with attempted murder after shooting back at an assailant in self-defense. McKee said that under the proposed bill an individual with a similar self-defense claim would be forced to remain in jail for possibly three to five years awaiting trial.

“This would be a bill that would completely change what would happen in that three to five year period,” McKee said. “An absolute detention is what would happen to answer your question under this bill.”

McKee further stated that the bill could have an adverse financial impact on small counties and cause more people to plead guilty before a trial so they can get out of jail.

Barfoot responded to McKee saying that it is not guaranteed that an individual would be held pre-trial.

Rather, an individual could potentially be held in detention until a trial depending upon a judge’s discretion.

McKee said that since Aniah’s Law was incorporated it has “exacerbated“ overburdened systems with pre-trial hearings.

The proposed amendment will go before the Senate floor to be voted on for potential passage to the House.