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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 REPRESENTATIVES JOHNSON AND WESLEY BI SHOP
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 provide for a rebuttable3
presumption relative to the release of a defendant on his own recognizance under4
certain circumstances; to provide for a contradictory hearing; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 334.4 is hereby amended and8
reenacted to read as follows: 9
Art. 334.4. Arrest for certain crimes; release on own recognizance prohibited10
A. Notwithstanding any other provision of law to the contrary, any defendant11
who has been arrested for any of the following crimes shall not be released by the12
court on the defendant's own recognizance or on the signature of any other person:13
(1) R.S. 14:32.1 (vehicular homicide).14
(2) R.S. 14:40.3 (cyberstalking), if the person has two prior convictions for15
the same offense.16
(3) R.S. 14:44.2 (aggravated kidnapping of a child).17
(4) R.S. 14:79 (violation of protective orders), if the person has a prior18
conviction for the same offense.19
(5) R.S. 14:87.1 (killing a child during delivery).20 HLS 13RS-989 REENGROSSED
HB NO. 297
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(6) R.S. 14:87.2 (human experimentation).1
(7) R.S. 14:93.3 (cruelty to the infirmed), if the person has a prior conviction2
for the same offense.3
(8) R.S. 14:98 (operating a vehicle while intoxicated), if the person has a4
prior conviction for the same offense.5
(9) R.S. 14:102.1(B) (aggravated cruelty to animals).6
(10) R.S. 14:102.8 (injuring or killing of a police animal).7
(11) The production, manufacturing, distribution, or dispensing or the8
possession with the intent to produce, manufacture, distribute or dispense a9
controlled dangerous substance in violation of R.S. 40:966(B), 967(B), 968(B),10
969(B), or 970(B) of the Uniform Controlled Dangerous Substances Law.11
B. There shall be a rebuttable presumption that any defendant, who has12
previously been released on his own recognizance or on the signature of any other13
person on a felony charge, and who has either been arrested for a new felony offense14
or has at any time failed to appear in court as ordered, shall not be released on his15
own recognizance or on the signature of any other person. This presumption may16
be overcome if the judge determines, after contradictory hearing in open court, that17
a review of the relevant factors warrants this type of release.18
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 for a rebuttable presumption 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. HLS 13RS-989 REENGROSSED
HB NO. 297
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Proposed law provides for the presumption to be overcome if the judge determines after a
contradictory hearing in open court that a review of the relevant factors warrants the release.
(Amends C.Cr.P. Art. 334.4)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Deleted provisions prohibiting a defendant who has been previously released on
his own recognizance from being released on his own recognizance when
arrested for a new felony.
2.Added a rebuttable presumption limiting release of a defendant on his own
recognizance, and provides for a contradictory hearing.