Louisiana House Bill HB790

Louisiana 2014 Regular Session

• Introduced: 3/10/14
• Refer: 3/10/14

Caption

Authorizes courts by rule to alter the percentage of cash to be deposited in lieu of a surety bond

Impact

The proposed changes in HB 790 could lead to significant shifts in the bail system within Louisiana. By allowing courts to have a say in the bail percentage, it acknowledges the unique circumstances that may influence bail decisions in different parishes. This flexibility can impact defendants' pre-trial release processes and overall access to the judicial system. However, it also opens the door to potential inconsistencies in how bail is administered across the state, depending on varying local court practices.

Summary

House Bill 790, introduced by Representative Katrina Jackson, aims to provide greater flexibility to the courts in determining the amount of cash that must be deposited in lieu of a surety bond. This legislation allows the courts in parishes other than St. John the Baptist and St. Charles to adjust the required percentage of the bail amount that defendants must deposit, provided they have the consent of the district attorney. The bill also permits the officer processing the bond to charge an administrative fee, which has been raised from a maximum of fifteen dollars to twenty-five dollars under this new rule. This approach seeks to facilitate the bail process while ensuring compliance with local legal standards.

Sentiment

Feedback on HB 790 appears to be cautiously optimistic among supporters who recognize the need for reform within the bail system. Proponents argue that the bill is a step towards enhancing judicial discretion and streamlining the bail process, ultimately benefiting individuals entangled in legal proceedings. Conversely, there might be concerns from skeptics who fear that alterations in bail requirements could lead to discrepancies that might unfairly disadvantage certain defendants or create unequal conditions across parishes.

Contention

Key points of contention surrounding HB 790 include concerns about how the increased administrative fee may affect low-income defendants who might struggle to meet bail obligations. Furthermore, questions regarding the uniform application of the new rules across different parishes could introduce complexities into the bail system, potentially leading to appeals and challenges based on perceived inequities. Critics may argue that these changes could either provide some necessary adaptability in the justice system or inadvertently exacerbate existing disparities in access to bail.