HLS 13RS-989 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 297
BY REPRESENTATIVE JOHNSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/BAIL: Limits the release of defendants on their own recognizance in certain
circumstances
AN ACT1
To amend and reenact Code of Criminal Procedure Article 334.4, relative to the prohibition2
on release on own recognizance for certain offenses; to prohibit the release of a3
defendant on his own recognizance under certain circumstances; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 334.4 is hereby amended and7
reenacted to read as follows: 8
Art. 334.4. Arrest for certain crimes; release on own recognizance prohibited9
A. Notwithstanding any other provision of law to the contrary, any defendant10
who has been arrested for any of the following crimes shall not be released by the11
court on the defendant's own recognizance or on the signature of any other person:12
(1) R.S. 14:32.1 (vehicular homicide).13
(2) R.S. 14:40.3 (cyberstalking), if the person has two prior convictions for14
the same offense.15
(3) R.S. 14:44.2 (aggravated kidnapping of a child).16
(4) R.S. 14:79 (violation of protective orders), if the person has a prior17
conviction for the same offense.18
(5) R.S. 14:87.1 (killing a child during delivery).19
(6) R.S. 14:87.2 (human experimentation).20 HLS 13RS-989 ENGROSSED
HB NO. 297
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(7) R.S. 14:93.3 (cruelty to the infirmed), if the person has a prior conviction1
for the same offense.2
(8) R.S. 14:98 (operating a vehicle while intoxicated), if the person has a3
prior conviction for the same offense.4
(9) R.S. 14:102.1(B) (aggravated cruelty to animals).5
(10) R.S. 14:102.8 (injuring or killing of a police animal).6
(11) The production, manufacturing, distribution, or dispensing or the7
possession with the intent to produce, manufacture, distribute or dispense a8
controlled dangerous substance in violation of R.S. 40:966(B), 967(B), 968(B),9
969(B), or 970(B) of the Uniform Controlled Dangerous Substances Law.10
B. Any defendant who has previously been released on his own recognizance11
or on the signature of any other person on a felony charge, who has either been12
arrested for a new felony offense or has at any time failed to appear in court as13
ordered, shall not again be released by the court on the defendant's own recognizance14
or on the signature of any other person.15
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)]
Johnson HB No. 297
Abstract: Limits the release of defendants on their own recognizance in certain
circumstances.
Present law provides that any defendant who has been arrested for certain crimes shall not
be released by the court on his own recognizance or on the signature of any other person.
Proposed law retains present law and further provides that any defendant who has previously
been released on his own recognizance or on the signature of any other person on a felony
charge, who has either been arrested for a new felony offense or has at any time failed to
appear in court as ordered, shall not again be released by the court on the defendant's own
recognizance or on the signature of any other person.
(Amends C.Cr.P. Art. 334.4)