Louisiana House Bill HB581

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12
• Report Pass: 4/4/12
• Engrossed: 4/17/12
• Refer: 4/18/12
• Report Pass: 5/15/12
• Enrolled: 6/4/12
• Chaptered: 6/12/12
• Passed: 6/12/12

Caption

Provides for the reinstatement of bail in certain cases

Impact

The introduction of HB 581 will have a significant impact on how bail is managed in the state, potentially streamlining processes for cases where charges are dismissed and later reinstated. This should help ensure that defendants do not lose their bail rights unnecessarily, provided that the surety agrees. Additionally, the bill grants authority to Orleans Parish district judges to adopt rules for telephonic communication regarding bonds, which could enhance efficiency in the criminal court system and improve accessibility for involved parties during the bail process.

Summary

House Bill 581 serves to enact a new provision within the Louisiana Code of Criminal Procedure regarding the reinstatement of bail. Specifically, it addresses scenarios in which a district attorney dismisses an indictment or information and subsequently institutes a new indictment for the same offense or a lesser one based on the same facts. The bill mandates that in such cases, any discharged bail must be reinstated, provided that the surety consents to this reinstatement in writing. This legislation is aimed at creating a clearer framework for bail procedures in the criminal justice system, particularly following dismissals by the prosecution.

Sentiment

Overall, the sentiment surrounding HB 581 is positive, with broad support noted in legislative sessions. The bill passed in the House with a unanimous vote, demonstrating that it has been viewed favorably across party lines. The reinforcement of procedural clarity in the bail system is generally appreciated by lawmakers who seek to modernize and improve the efficiency of the judicial process.

Contention

Despite its support, some concerns were raised during discussions regarding potential implications for defendants, particularly in ensuring that the reinstatement of bail does not inadvertently lead to complications or delays once a new indictment is filed. Critics worry that while the bill aims to simplify the bail process, there may be unanticipated consequences in how courts interpret and enforce these new provisions, especially if the surety's consent is not easily obtained.