HLS 12RS-2141 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1085
BY REPRESENTATIVE RICHARD
CRIMINAL/BAIL: Authorizes the use of GPS monitoring for certain offenders as a
condition of release on bail for certain burglary and misappropriation offenses
AN ACT1
To enact Code of Criminal Procedure Article 334.4, relative to bail; to authorize the use of2
global positioning system monitoring for defendants arrested for certain burglary and3
misappropriation offenses; to provide factors for determining a defendant's4
participation in such monitoring as a condition of release on bail; to require notice5
to local law enforcement; to provide for the use of global positioning system6
monitoring information; to provide for limitations; to provide for definitions; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Code of Criminal Procedure Article 334.4 is hereby enacted to read as10
follows: 11
Art. 334.4. Burglary and misappropriation offenses; conditions of release12
A. Notwithstanding any provision of law to the contrary, for any defendant13
who is alleged to have committed any of the following offenses, the court may order,14
as a condition of release on bail, that the defendant be equipped with a global15
positioning monitoring system pursuant to the provisions of this Article:16
(1) Any burglary offense as defined by the provisions of R.S. 14:60 through17
62.9.18
(2) Any violation of Subpart B or C of Part III of Chapter 1 of Title 14 of the19
Louisiana Revised Statutes of 1950.20 HLS 12RS-2141 ORIGINAL
HB NO. 1085
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. In determining whether to order a defendant, as a condition of release on1
bail, to participate in the global positioning system monitoring, the court shall2
consider the following:3
(1) Whether the defendant has previously been arrested for or has been4
convicted of any of the offenses provided for in Subparagraphs (A)(1) and (2) of this5
Article.6
(2) Whether the defendant poses a continuing threat or danger to the general7
public or whether the defendant is likely to re-offend.8
(3) The likelihood that the defendant's participation in global positioning9
system monitoring will deter the defendant from committing other crimes or10
participating in other criminal activity.11
C. The defendant shall be released on bail pursuant to the provisions of this12
Article only if he agrees to pay the cost of the global positioning monitoring system13
and monitoring fees associated with the device, or agrees to perform community14
service in lieu of paying such costs.15
D.(1) If the defendant is ordered to participate in the global positioning16
system monitoring pursuant to the provisions of this Article, the court shall cause the17
minute entry ordering such participation to be sent by the clerk of court to the sheriff18
of the parish where the defendant resides.19
(2)(a) The sheriff of the parish where the defendant resides shall be the20
monitor and repository of any and all electronic information gathered as a part of the21
defendant's participation in the global positioning system monitoring.22
(b) Any information gathered pursuant to the provisions of this23
Subparagraph may be requested and utilized by any local, state, or federal law24
enforcement agency for the purposes of and during the investigation of any suspected25
criminal activity of the defendant.26
E. A violation of any condition of release pursuant to the provisions of this27
Article may be punishable by the forfeiture of bail and the immediate issuance of a28 HLS 12RS-2141 ORIGINAL
HB NO. 1085
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
bench warrant for the defendant's arrest or remanding the defendant to custody or a1
modification of the terms of bail.2
F. For purposes of this Article, "global positioning monitoring system"3
means a system that electronically determines and reports the location of an4
individual by means of an ankle bracelet transmitter or similar device worn by the5
individual that transmits latitude and longitude data to monitoring authorities through6
global positioning satellite technology but does not contain or operate any global7
positioning system technology or radio frequency identification technology or8
similar technology that is implanted in or otherwise invades or violates the corporeal9
body of the individual.10
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)]
Richard HB No. 1085
Abstract: Authorizes the use of GPS monitoring for certain offenders as a condition of
release on bail for certain burglary and misappropriation offenses.
Proposed law authorizes the court to order a defendant, as a condition of release on bail, to
be equipped with a global positioning monitoring system if the defendant is alleged to have
committed any burglary or misappropriation offense as defined by present law.
Proposed law provides factors for the court to consider in making its determination of
whether to order the defendant's participation in GPS monitoring including previous arrests
and convictions, whether the defendant poses a continuing threat or danger to the public, and
the likelihood that the defendant's participation will deter the defendant from committing
other crimes or participating in other criminal activity.
Proposed law provides that the defendant shall agree to pay the cost of the GPS monitoring
and monitoring fees associated with the device, or shall agree to perform community service
in lieu of paying such costs.
Proposed law authorizes the sharing, with any local, state, or federal law enforcement
agency, of any information gathered by the sheriff as a result of the defendant's participation
in the GPS monitoring.
Proposed law provides that a violation of any condition of release pursuant to the provisions
of proposed law may be punishable by the forfeiture of bail and the immediate issuance of
a bench warrant for the defendant's arrest or remanding the defendant to custody or a
modification of the terms of bail.
Proposed law defines "global positioning monitoring system".
(Adds C.Cr.P. Art. 334.4.)