SLS 12RS-421 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 681
BY SENATOR CROWE
WEAPONS. Increases the minimum bail for a felony involving a firearm committed by a
defendant illegally possessing a firearm. (gov sig)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 334.1, relative to bail for a felony2
involving a firearm; to increase the minimum bail for a defendant who illegally3
possesses a firearm while in the commission of a felony involving a firearm; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 334.1 is hereby amended and7
reenacted to read as follows: 8
Art. 334.1. Felony involving firearm; bail9
A. The court shall not release any defendant who has been arrested for a10
felony offense, an element of which is the discharge, use, or possession of a firearm,11
on his personal undertaking without security or with an unsecured personal surety.12
B. In the case of a defendant who has been arrested for a felony offense13
described in Paragraph (A), and who previously has been convicted of a crime14
enumerated in R.S. 14:95.1 such that the defendant's possession of a firearm is15
unlawful, the amount of bail shall not be less than one hundred thousand16
dollars.17 SB NO. 681
SLS 12RS-421 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that it is unlawful for a person who has been convicted of certain
enumerated offenses to possess a firearm or carry a concealed weapon.
Present law provides that a court cannot release any defendant who has been arrested for a
felony offense, an element of which is the discharge, use, or possession of a firearm, on the
defendant's personal undertaking without security or with an unsecured personal surety.
Proposed law retains present law, and further provides that in the case of a defendant
arrested for a felony offense, an element of which is the discharge, use, or possession of a
firearm, and who previously has been convicted of a crime enumerated in present law that
would make it illegal for the defendant to possess a firearm, the amount of bail for the felony
involving a firearm shall not be less than $100,000.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 334.1)