SLS 13RS-1819 ORIGINAL
Page 1 of 3
Regular Session, 2013
SENATE RESOLUTION NO. 111
BY SENATOR CLAITOR
LEGISLATIVE AGENCIES. Requests the Louisiana State Law Institute to perform a
comprehensive study of Louisiana bail laws and procedures and to make recommendations
as necessary for modernization of bail practices.
A RESOLUTION1
To urge and request the Louisiana State Law Institute to perform a comprehensive study of2
Louisiana bail laws and procedures and to make recommendations as necessary for3
modernization of bail practices.4
WHEREAS, Article 1, Section 18, of the Louisiana Constitution provides for the5
right to bail and states:6
"(A) Excessive bail shall not be required. Before and during a trial, a person7
shall be bailable by sufficient surety, except when he is charged with a capital8
offense and the proof is evident and the presumption of guilt is great. After9
conviction and before sentencing, a person shall be bailable if the maximum sentence10
which may be imposed is imprisonment for five years or less; and the judge may11
grant bail if the maximum sentence which may be imposed is imprisonment12
exceeding five years. After sentencing and until final judgment, a person shall be13
bailable if the sentence actually imposed is five years or less; and the judge may14
grant bail if the sentence actually imposed exceeds imprisonment for five years.15
(B) However, a person charged with a crime of violence as defined by law16
or with production, manufacture, distribution, or dispensing or possession with intent17
to produce, manufacture, distribute, or dispense a controlled dangerous substance as18
defined by the Louisiana Controlled Dangerous Substances Law, and the proof is19
evident and the presumption of guilt is great, shall not be bailable if, after a20
contradictory hearing, the judge or magistrate finds by clear and convincing evidence21
that there is a substantial risk that the person may flee or poses an imminent danger22
to any other person or the community."; and23
WHEREAS, Section 18 prohibits excessive bail and further mandates that before and24
during a trial a person shall generally be bailable by sufficient surety, except as otherwise25
provided in the Section; and26 SR NO. 111
SLS 13RS-1819 ORIGINAL
Page 2 of 3
WHEREAS, current laws providing bail and bail bond requirements, procedures and1
references are scattered in numerous locations throughout Louisiana criminal and civil law,2
including the Louisiana Code of Criminal Procedure, Criminal Code, Children's Code, and3
Titles 13, 15, 22, 29, 32, 39, 46, and 56 of the Louisiana Revised Statutes of 1950; and4
WHEREAS, these criminal and civil laws should be comprehensively studied to5
determine the need for revisions that will produce best practices satisfying the constitutional6
requirements of Article I, Section 18, while enhancing legal and judicial economy,7
efficiency, fairness and uniformity in the criminal justice system; and8
WHEREAS, the study should further determine if revisions to these criminal and9
civil laws are necessary to eliminate inconsistencies and ambiguity in current wording in10
order to achieve such best practices and a consistent body of law; and11
WHEREAS, such study should include all aspects of the bail and bail bond process12
set forth in both criminal and civil laws, including granting and fixing of bail for adult and13
juvenile offenders, types of bail, the sufficiency, types and financial solvency of surety,14
procedures, requirements and time periods applicable to the bail undertaking process, the15
ability to meet bail financial obligations, release on bail, bail hearings, conditions of bail,16
bail bonds, bail enforcement, surrender of the defendant and actions for violation of the bail17
order, revocation and forfeiture of bail, issuance of arrest warrants, bond forfeiture18
proceedings, judgments and appeals, and legal forms, documents and notices utilized in the19
bail and bail bond process.20
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana21
does hereby urge and request the Louisiana State Law Institute to perform a comprehensive22
study of Louisiana bail laws and procedures and to make recommendations as necessary for23
modernization of bail practices.24
BE IT FURTHER RESOLVED that no later than February 1, 2014, the findings of25
such study to date shall be submitted in a report to the Senate together with any26
recommendations in the form of specific proposed legislation.27
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the28
director of the Louisiana State Law Institute.29 SR NO. 111
SLS 13RS-1819 ORIGINAL
Page 3 of 3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones .
DIGEST
Claitor SR No. 111
Requests the Louisiana State Law Institute to perform a comprehensive study of Louisiana
bail laws and procedures and to make recommendations as necessary for modernization of
bail practices.