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)]
CONFERENCE COMMI TTEE REPORT DIGEST
House Bill No. 297 by Representative Johnson
Keyword and oneliner of the instrument as it left the House
CRIMINAL/BAIL: Limits the release of defendants on their own recognizance in certain
circumstances
Report rejects Senate amendments which would have:
1. Added provisions regarding nonprofit organizations performing or providing pretrial
services and required those organizations to be subject to the Public Records Law.
2. Added that the rebuttable presumption applies to failure to appear on a felony offense
after the defendant has been notified in open court to appear.
3. Added that the contradictory hearing shall occur within 30 days of the release of the
defendant.
Report amends the bill to:
1. Add that the rebuttable presumption also applies to failure to appear on a felony offense
after the defendant has been notified in open court to appear.
2. Add that the contradictory hearing shall occur within 30 days of the release of the
defendant.
3. Add provisions regarding nonprofit organizations performing or providing pretrial
services.
Digest of the bill as proposed by the Conference Committee
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 on a felony offense after having been notified in open court,
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.
Requires the hearing to take place within 30 days of the defendant's release.
Proposed law provides that any nonprofit organization which is contracted, employed, or which
receives public funds to perform or provide pretrial services, such as screening of any defendant,
shall verify all background information provided by a defendant or otherwise obtained by the
organization regarding the defendant.
(Amends C.Cr.P. Art. 334.4; Adds C.Cr.P. Art. 334.6)