At the November 2002 general election, Arizona voters passed ballot Proposition 103 amending Article 2, Section 22 of the Arizona Constitution and A.R.S. § 13–3961, both of which governed offenses for which the accused could be held without bond. Previously, only capital offenses were non-bondable as a matter of law. Proposition 103 added to the list of capital offenses the charges of sexual assault, sexual conduct