ENROLLED
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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.
AN ACT1
To amend and reenact Code of Criminal Procedure Article 334.4 and to enact Code of2
Criminal Procedure Article 334.6, relative to the prohibition on release on own3
recognizance for certain offenses; to provide for a rebuttable presumption relative4
to the release of a defendant on his own recognizance under certain circumstances;5
to provide for a contradictory hearing; to provide for nonprofit organizations6
performing or providing pretrial services; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Criminal Procedure Article 334.4 is hereby amended and9
reenacted and Code of Criminal Procedure Article 334.6 is hereby enacted to read as10
follows: 11
Art. 334.4. Arrest for certain crimes; release on own recognizance prohibited12
A. Notwithstanding any other provision of law to the contrary, any defendant13
who has been arrested for any of the following crimes shall not be released by the14
court on the defendant's own recognizance or on the signature of any other person:15
(1) R.S. 14:32.1 (vehicular homicide).16
(2) R.S. 14:40.3 (cyberstalking), if the person has two prior convictions for17
the same offense.18
(3) R.S. 14:44.2 (aggravated kidnapping of a child).19 ENROLLEDHB NO. 297
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(4) R.S. 14:79 (violation of protective orders), if the person has a prior1
conviction for the same offense.2
(5) R.S. 14:87.1 (killing a child during delivery).3
(6) R.S. 14:87.2 (human experimentation).4
(7) R.S. 14:93.3 (cruelty to the infirmed), if the person has a prior conviction5
for the same offense.6
(8) R.S. 14:98 (operating a vehicle while intoxicated), if the person has a7
prior conviction for the same offense.8
(9) R.S. 14:102.1(B) (aggravated cruelty to animals).9
(10) R.S. 14:102.8 (injuring or killing of a police animal).10
(11) The production, manufacturing, distribution, or dispensing or the11
possession with the intent to produce, manufacture, distribute or dispense a12
controlled dangerous substance in violation of R.S. 40:966(B), 967(B), 968(B),13
969(B), or 970(B) of the Uniform Controlled Dangerous Substances Law.14
B. There shall be a rebuttable presumption that any defendant who has15
previously been released on his own recognizance or on the signature of any other16
person on a felony charge, and who has either been arrested for a new felony offense17
or has at any time failed to appear in court on a felony offense after having been18
notified in open court, shall not be released on his own recognizance or on the19
signature of any other person. This presumption may be overcome if the judge20
determines, after contradictory hearing in open court, that a review of the relevant21
factors warrants this type of release. The hearing shall take place within thirty days22
of the defendant's release.23
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Art. 334.6. Nonprofit organization performing or providing pretrial services25
Any nonprofit organization which is contracted, employed, or which receives26
public funds to perform or provide pretrial services, such as screening of any27 ENROLLEDHB NO. 297
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defendant, shall verify all background information provided by a defendant or1
otherwise obtained by the organization regarding the defendant.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: