Amend CSSJR 5 (house committee report) as follows:
(1) Strike page 1, line 23, through page 2, line 6, and substitute the following:
(b) A person to whom this section applies shall be denied bail pending trial if the attorney representing the state demonstrates:
(1) by a preponderance of the evidence after a hearing that the granting of bail is insufficient to reasonably prevent the person's wilful nonappearance in court; or
(2) by clear and convincing evidence after a hearing that the granting of bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim of the alleged offense.
(2) On page 2, lines 26 and 27, strike "clear and convincing evidence" and substitute "a preponderance of the evidence or clear and convincing evidence, as applicable,".