Prohibits a defendant's release on his own recognizance for the arrest of a felony offense (OR SEE FISC NOTE LF EX)
Impact
If enacted, HB 77 will have a significant impact on how the judicial system manages the pretrial release of individuals charged with felonies. By removing the option for defendants to be released on their own recognizance, courts will likely see an increase in the number of individuals who remain in custody pending trial. Supporters argue that this change is necessary for public safety, particularly in cases involving firearms, which tend to have higher risks associated with them.
Summary
House Bill 77 aims to amend the Code of Criminal Procedure in Louisiana by prohibiting the release of defendants arrested for felony offenses on their own recognizance. The bill specifically addresses felonies involving firearms, which are notable due to their potential public safety implications. By changing the current law that allows for some discretion in releasing defendants, this bill seeks to establish a stricter stance on the release protocols for those charged with serious crimes.
Sentiment
The sentiment surrounding HB 77 appears to be largely supportive among proponents of stricter crime control measures. Advocates believe that the bill will enhance community safety by reducing the likelihood of repeat offenses by defendants released prior to trial. However, there are concerns expressed by civil liberties advocates regarding the implications of denying release on recognizance, arguing that this could disproportionately affect individuals who may not pose a significant risk or who lack financial resources.
Contention
Notable points of contention include the balance between public safety and the rights of the accused. Critics of the bill fear that the blanket restriction on release could exacerbate problems in the criminal justice system, such as overcrowded jails and the loss of the presumption of innocence for those waiting for trial. This tension highlights a broader debate regarding the effectiveness of pretrial detention as a deterrent to crime and its impact on individuals who have not yet been convicted.
Provides with respect to the prohibition of releasing a person arrested for a crime of violence on his own recognizance or upon the signature of another person (EN NO IMPACT See Note)
Authorizes the use of GPS monitoring for certain offenders as a condition of release on bail for certain burglary and misappropriation offenses (OR INCREASE LF EX See Note)
Requires ignition interlock device to be installed on vehicles of persons who refuse to submit to chemical tests when arrested for DWI (OR SEE FISC NOTE GF EX)