ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 28
BY REPRESENTATIVE WOOTON AND SENATOR MARTI NY
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
(4) A violation of R.S. 14:98, operating a vehicle while intoxicated, or a22
parish or municipal ordinance that prohibits operating a vehicle while intoxicated,23
while impaired, or while under the influence of alcohol or any controlled dangerous24
substance.25 ENROLLEDHB NO. 28
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. The affected court may release a defendant on bail through a personal1
surety without proof of a security interest as required by Article 319 if all of the2
following conditions are met:3
(1) The defendant was arrested for an offense which is not excluded by4
Paragraph B of this Article.5
(2) The personal surety meets the requirements of Articles 315 and 318 for6
a secured personal surety.7
(3) Proof of a security interest cannot be obtained due to emergency or8
disaster circumstances as provided for in Article 944.9
(4) The court requires that the unsecured surety be converted to a10
commercial surety or secured personal surety as soon as proof of a security interest11
can be obtained, or within thirty days of issuance of the unsecured bail, whichever12
occurs earlier. If proof of a security interest cannot be obtained due to emergency13
or disaster circumstances, the court may extend the period to obtain proof of the14
security interest for additional thirty-day increments as determined to be necessary15
by the court.16
D. The provisions of this Article shall not be construed to limit the17
constitutional right to bail or the inherent authority of the court to set bail.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: