|
DELEGATE BOTHE: Yes, I do.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: I take it that
hearing is a word which is broader than
trial. It includes trials and perhaps other
things, and I wonder then if we are cre-
ating some potential confusion if we have
the word pre-trial in there.
Our effort, as I believe the Chair prop-
erly stated, was to contrast release and in-
carceration, and to intend to include thereby
all the different things that can occur to a
person prior to a hearing, which may be a
trial or which may be something other than
a trial. I wonder if we cannot achieve that
purpose better by doing what we said thus
far, except by leaving out the word "pre-
trial."
THE CHAIRMAN: Leaving out the
word what?
DELEGATE CHABOT: "Pre-trial."
THE CHAIRMAN: Delegate Bothe.
DELEGATE BOTHE: Delegate Chabot,
certainly that would completely run counter
to the whole meaning of the phrase.
THE CHAIRMAN: Delegate Bothe, may
the Chair interrupt? I think Delegate
Chabot is suggesting that the words "pend-
ing hearing" following "incarceration"
serve the same purpose as your words "pre-
trial." In other words, the phrase would be
"terms of release or incarceration pending
hearing," to mean terms of release pending
hearing, or terms of incarceration pending
hearing. Is that your point, Delegate
Chabot?
DELEGATE CHABOT: Yes, sir.
THE CHAIRMAN: He does not seek to
change the meaning. He suggests that it is
already there.
DELEGATE BOTHE: I understand it
now, and perhaps that would be a better
way of expressing it.
THE CHAIRMAN: I think your idea is
the contrast of release and incarceration.
It makes it more effective.
DELEGATE BOTHE: I would like to
read the whole matter as it would appear
if we adopt Delegate Chabot's suggestion.
THE CHAIRMAN: As the Chair un-
derstands, the sentence would then read,
"Commissioners may exercise powers only
with respect to warrants of arrest, collat-
eral, or other terms of release or incarcera-
|
tion pending hearing, and then only as pi
scribed by rule."
DELEGATE BOTHE: That gives me
little difficulty, Mr. Chairman.
THE CHAIRMAN: May the Chair su
gest that the record shows clearly what
intended, and the Committee on Style cou
wrestle with the question of whether tl
word is necessary.
DELEGATE BOTHE: I would be hapi
to sit down with the Committee on Sty
and work out the meaning as the intentk
is expressed.
THE CHAIRMAN: For the record, ;
the Chair understands it, the movers i:
tend that the phrases, "terms of release <
incarceration pending hearing," or "tern
of pre-trial release or incarceration pen<
ing hearing," mean terms of release pem
ing hearing or terms of incarceration pem
ing hearing.
Is there any further discussion?
Delegate Mudd.
DELEGATE MUDD: Mr. Chairma:
might not the Committee on Style an
Drafting also consider whether by strikin
"bail" and leaving in "collateral" perhai
some restriction is intended there?
THE CHAIRMAN: I do not understan
what you mean by some restriction.
DELEGATE MUDD: Well, by spellin
out collateral is one thing they can do, bi
not including bail by specifying collateral.
THE CHAIRMAN: For the record, if
understand you, the Chair understands tha
the word "bail" is stricken only on th
assumption that it is embraced within th
term "terms of release," and if there i
any question about it you want it reporte
to the Convention?
DELEGATE MUDD: That is correct.
THE CHAIRMAN: Is there any furthe
discussion? Are you ready for the ques
tion? The question arises on the adoptio:
of Amendment 16, as modified. A vote Ay
is a vote in favor of the adoption of th
amendment as modified. A vote No is a vot
against. Cast your votes.
Has every delegate voted? Does any dele
gate desire to change his vote? The Clerl
will record the vote.
There being 112 votes in the affirmativ<
and none in the negative, the motion i
carried. The amendment is adopted.
|
