HLS 12RS-155 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 397
BY REPRESENTATIVE LAMBERT
CRIMINAL/PROCEDURE: Provides that bail shall be set within 72 hours of arrest
AN ACT1
To amend and reenact Code of Criminal Procedure Article 230.1(B) and to enact Code of2
Criminal Procedure Article 333.1, relative to bail; to provide for the setting of bail;3
to provide for the appearance before a judge for the purpose of setting bail; to4
provide for time restrictions; to provide for extensions; to provide for exceptions; to5
provide for the consequences of failure to set bail; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 230.1(B) is hereby amended and8
reenacted and Code of Criminal Procedure Article 333.1 is hereby enacted to read as9
follows: 10
Art. 230.1. Maximum Appointment of counsel; maximum time for appearance11
before judge for the purpose of appointment of counsel; court discretion to12
fix bail at the appearance; extension of time limit for cause; effect of failure13
of appearance14
* * *15
B. At this appearance, if a defendant has the right to have the court appoint16
counsel to defend him, the court shall assign counsel to the defendant. The court17
may also, in its discretion, determine or review a prior determination of the amount18
of bail.19
* * *20 HLS 12RS-155 ENGROSSED
HB NO. 397
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 333.1. Setting bail; maximum time for appearance before judge; exceptions;1
effect of failure to set bail2
A. The sheriff or law enforcement officer having custody of an arrested3
person shall bring him promptly, and in any case within seventy-two hours from the4
time of the arrest, before a judge for the purpose of the setting of bail. Saturdays,5
Sundays, and legal holidays shall be excluded in computing this seventy-two-hour6
period. The defendant shall appear in person unless the court by local rule provides7
for such appearance by telephone or audio-video electronic equipment; however,8
upon a showing that the arrested person is incapacitated, unconscious, or otherwise9
physically or mentally unable to appear in court within seventy-two hours, the10
arrested person's presence shall be waived by law, and a judge shall set bail for the11
arrested person within seventy-two hours from the time of arrest.12
B. The provisions of this Article shall not apply to capital offenses where13
bail is prohibited pursuant to Louisiana Constitution Article I, Section 18.14
C. If the court does not set bail in accordance with the provisions of15
Paragraph A of this Article, the arrested person may file an application for a writ of16
habeas corpus which shall be scheduled to be heard within forty-eight hours of the17
filing of the application.18
D. The failure of the sheriff or law enforcement officer to comply with the19
requirements of this Article shall have no effect upon the validity of the proceedings20
thereafter against the defendant.21
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)]
Lambert HB No. 397
Abstract: Provides that bail shall be set by judge within 72 hours of arrest for bailable
offenses.
Present law provides that the sheriff or law enforcement officer having custody of an
arrested person shall bring him promptly, and in any case within 72 hours from the time of
the arrest, before a judge for the purpose of appointment of counsel. HLS 12RS-155 ENGROSSED
HB NO. 397
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that at this appearance, if a defendant has the right to have the court
appoint counsel to defend him, the court shall assign counsel to the defendant.
Present law provides that at the 72-hour hearing, the court may also, in its discretion,
determine or review a prior determination of the amount of bail.
Proposed law repeals the provision of present law regarding bail and retains present law
provisions regarding the appointment of counsel.
Proposed law requires the sheriff or law enforcement officer having custody of an arrested
person to bring him promptly, and in any case within 72 hours from the time of the arrest,
before a judge for the purpose of the setting of bail.
Provides that proposed law shall not apply to capital offenses which are not subject to bail.
Proposed law provides that failure of the court to set bail within the 72-hour period results
in the defendant having the option to file an application for a writ of habeas corpus and
provides that a hearing on that application shall be heard within 48 hours of filing the
application.
Proposed law further provides that the failure of the law enforcement officer to comply with
proposed law shall not effect the validity of the proceedings against the defendant.
(Amends C.Cr.P. Art. 230.1(B); Adds C.Cr.P. Art. 333.1)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Removed provision providing for the immediate release of the arrested person
for failure to set bail.
2. Added that the failure to set bail allows the defendant an opportunity to file an
application for a writ of habeas corpus and requires that a hearing on that
application be conducted within 48 hours of the filing of the application.