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Regular Session, 2012
SENATE BILL NO. 649
BY SENATOR GARY SMITH
CRIMINAL PROCEDURE. Provides for GPS tracking of certain arrestees while out on
bail. (8/1/12)
AN ACT1
To enact Code of Criminal Procedure Article 334.4, relative to bail; to provide for the use2
of global positioning system monitoring of persons charged with certain offenses;3
to provide for definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 334.4 is hereby enacted to read as6
follows: 7
Art. 334.4. Burglary and misappropriation with or without violence; conditions8
of bail; global positioning system monitoring9
A.(1) In determining conditions of release of a defendant who is alleged10
to have committed any burglary offense, R.S. 14:60 through 62.9,11
misappropriation with violence, R.S. 14:64 through 66, or misappropriation12
without violence, R.S. 14:67 through 73, the court may consider the defendant's13
criminal history, including but not limited to prior convictions of any burglary,14
misappropriation with violence, or misappropriation without violence, to15
determine whether the defendant poses a threat or danger to the general public16
to commit similar offenses in the future. If the court determines that the17 SB NO. 649
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Coding: Words which are struck through are deletions from existing law;
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defendant poses such a threat or danger, it may order the defendant to be1
equipped with a global positioning system device as a condition of release on2
bail.3
(2) In determining whether to order a defendant, as a condition of release4
on bail, to participate in global positioning system monitoring, the court shall5
consider the likelihood that the defendant's participation in global positioning6
system monitoring will deter the defendant from engaging in additional7
criminal activity.8
(3) The defendant shall be released on bail pursuant to the provisions of9
this Article only if he agrees to pay the cost of the global positioning system10
monitoring and fees associated with the device, or agrees to perform community11
service in lieu of paying such costs.12
(4)(a) Upon ordering global positioning system monitoring as a condition13
of release on bail, the court shall designate a local law enforcement agency to be14
the repository of all electronic information gathered from the global positioning15
system provider. The law enforcement agency so designated shall report to the16
court in writing within seven days any information relative to the defendant's17
having engaged in alleged criminal activity while participating in the global18
positioning system monitoring.19
(b) Any local, state, or federal law enforcement agency may request from20
the local law enforcement agency serving as the repository of electronic21
information, and may subsequently utilize, all such electronic information22
relative to suspected criminal activity.23
B. For the purposes of this Section, "global positioning system" means24
a system that electronically determines and reports the location of an individual25
by means of an ankle bracelet transmitter or similar device worn by the26
individual that transmits latitude and longitude data to the global positioning27
system provider through global positioning satellite technology, but does not28
contain or operate any global positioning system technology or radio frequency29 SB NO. 649
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identification technology or similar technology that is implanted in or otherwise1
invades or violates the corporeal body of the individual.2
C. A violation of any condition of release, including participation in the3
global positioning system monitoring, may be punishable by the forfeiture of4
bail and the issuance of a bench warrant for the defendant's arrest, or5
remanding the defendant to custody or a modification of the terms of bail.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Gary Smith (SB 649)
Proposed law provides that in determining conditions of release of a defendant who is
alleged to have committed any burglary offense, misappropriation with violence, or
misappropriation without violence, as provided for by present law, the court may consider
the defendant's criminal history, including but not limited to prior convictions of any
burglary, misappropriation with violence, or misappropriation without violence, to determine
whether the defendant poses a threat or danger to the general public to commit similar
offenses in the future. Proposed law further provides that if the court determines that the
defendant poses such a threat or danger, it may order the defendant to be equipped with a
global positioning system (GPS) device as a condition of release on bail.
Proposed law provides that in determining whether to order a defendant, as a condition of
release on bail, to participate in GPS monitoring, the court is to consider the likelihood that
the defendant's participation in GPS monitoring will deter the defendant from engaging in
additional criminal activity.
Proposed law provides that the defendant will be released on bail pursuant to the provisions
of proposed law only if he agrees to pay the cost of the GPS monitoring and fees associated
with the GPS device, or agrees to perform community service in lieu of paying such costs.
Proposed law provides that upon ordering GPS monitoring as a condition of release on bail,
the court is to designate a local law enforcement agency to be the repository of all electronic
information gathered from the GPS provider. Proposed law further provides that the law
enforcement agency so designated is to report to the court in writing within seven days any
information relative to the defendant's having engaged in alleged criminal activity while
participating in the GPS monitoring.
Proposed law provides that any local, state, or federal law enforcement agency may request
from the local law enforcement agency serving as the repository of electronic information,
and may subsequently utilize, all such electronic information relative to suspected criminal
activity.
Proposed law provides that "global positioning system" means a system that electronically
determines and reports the location of an individual by means of an ankle bracelet
transmitter or similar device worn by the individual that transmits latitude and longitude data
to the GPS provider through global positioning satellite technology, but does not contain or
operate any GPS technology or radio frequency identification technology or similar
technology that is implanted in or otherwise invades or violates the corporeal body of the
individual. SB NO. 649
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that a violation of any condition of release, including participation
in GPS monitoring, may be punishable by the forfeiture of bail and the issuance of a bench
warrant for the defendant's arrest, or remanding the defendant to custody or a modification
of the terms of bail.
Effective August 1, 2012.
(Adds C.Cr.P. Art. 334.4)