HLS 10RS-206 ENGROSSED
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are additions.
Regular Session, 2010
HOUSE BILL NO. 28
BY REPRESENTATIVE WOOTON AND SENATOR MARTI NY
CRIMINAL/PROCEDURE: Provides for release on bail without proof of security under
certain conditions during emergency sessions of court
AN ACT1
To enact Code of Criminal Procedure Article 957, relative to emergency sessions of court;2
to authorize the release of certain defendants on bail through an unsecured personal3
surety without proof of security interest under certain conditions; to provide for the4
conditions and criteria for the release of defendants without proof of security; to5
provide for applicability; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 957 is hereby enacted to read as8
follows: 9
Art. 957. Bail during emergency sessions of court; selected offenses10
A. Notwithstanding any other provision of law to the contrary, an affected11
court conducting emergency sessions of court outside of its parish or territorial12
jurisdiction pursuant to Article 944 may release a defendant on bail through an13
unsecured personal surety as authorized by Article 317, without proof of a security14
interest pursuant to the provisions of this Article.15
B. The provisions of this Article shall not apply to any defendant who has16
been arrested for any of the following offenses:17
(1) A crime of violence as defined in R.S. 14:2(B).18
(2) A sex offense as defined in R.S. 15:541.19
(3) A felony offense, an element of which includes the discharge, use, or20
possession of a firearm.21 HLS 10RS-206 ENGROSSED
HB NO. 28
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(4) A violation of R.S. 14:98, operating a vehicle while intoxicated, or a1
parish or municipal ordinance that prohibits operating a vehicle while intoxicated,2
while impaired, or while under the influence of alcohol or any controlled dangerous3
substance.4
C. The affected court may release a defendant on bail through a personal5
surety without proof of a security interest as required by Article 319 if all of the6
following conditions are met:7
(1) The defendant was arrested for an offense which is not excluded by8
Paragraph B of this Article.9
(2) The personal surety meets the requirements of Articles 315 and 318 for10
a secured personal surety.11
(3) Proof of a security interest cannot be obtained due to emergency or12
disaster circumstances as provided for in Article 944.13
(4) The court requires that the unsecured surety be converted to a14
commercial surety or secured personal surety as soon as proof of a security interest15
can be obtained, or within thirty days of issuance of the unsecured bail, whichever16
occurs earlier. If proof of a security interest cannot be obtained due to emergency17
or disaster circumstances, the court may extend the period to obtain proof of the18
security interest for additional thirty-day increments as determined as necessary by19
the court.20
D. The provisions of this Article shall not be construed to limit the21
constitutional right to bail or the inherent authority of the court to set bail.22
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Wooton HB No. 28
Abstract: Provides for the release of certain defendants on unsecured bail without proof of
a security interest during emergency sessions of court.
Present law provides for the establishment of emergency sessions of court during defined
states of emergency and for specific purposes. HLS 10RS-206 ENGROSSED
HB NO. 28
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are additions.
Proposed law retains these provisions of present law.
Proposed law provides that an affected court conducting emergency sessions of court outside
of its parish or territorial jurisdiction may release a defendant on bail through an unsecured
personal surety without proof of a security interest if all of the following conditions are met:
(1)The defendant was arrested for an offense which is not excluded by proposed law.
(2)The personal surety meets the requirements for a secured personal surety.
(3)Proof of a security interest cannot be obtained due to emergency or disaster
circumstances as provided for in present law.
(4)The court requires that the unsecured surety be converted to a commercial surety or
secured personal surety as soon as proof of security interest can be obtained, or
within 30 days of issuance of the unsecured bail, whichever occurs earlier. If proof
of a security interest cannot be obtained due to emergency or disaster circumstances,
the court may extend the period to obtain proof of the security interest for additional
30-day increments as determined as necessary by the court.
Proposed law provides that it shall not apply to any defendant who has been arrested for any
of the following offenses:
(1)A crime of violence.
(2)A sex offense.
(3)A felony offense, an element of which is the discharge, use, or possession of a
firearm.
(4)A violation of state law prohibiting the operation of a vehicle while intoxicated, or
a parish or municipal ordinance that prohibits operating a vehicle while intoxicated,
while impaired, or while under the influence of alcohol or any controlled dangerous
substance.
(Adds C.Cr.P. Art. 957)