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.
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.