Louisiana Senate Bill SB439

Louisiana 2014 Regular Session

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

Caption

Provides relative to bail. (1/1/15)

Impact

The amendments proposed in SB439 are expected to enhance the efficiency of the criminal justice system by updating and simplifying procedures related to bond forfeiture. By allowing prosecuting attorneys to take specific actions related to judgments without mandatory procedures, the bill seeks to alleviate burdens on the court system. The updates to definitions ensure greater accuracy and relevancy in how bail processes are managed, potentially reducing room for misinterpretation by those involved in bail agreements and proceedings.

Summary

SB439 proposes significant changes to the regulations governing bail in the state of Louisiana. One of the major changes is the shift from mandatory to discretionary recordation of judgments related to bond forfeiture. This amendment aims to streamline the current legal processes by allowing prosecuting attorneys the option to file rules to show cause regarding bond forfeitures. Additionally, the bill modifies various definitions related to bail, such as how 'appearance' and 'surrender' are defined and utilized in court proceedings. These changes collectively aim to provide clarity and flexibility in handling criminal bonds as part of the judicial process.

Sentiment

Discussion surrounding SB439 was met with a polarized sentiment. Supporters argue that the changes will lead to a more pragmatic approach to handling bail issues, providing necessary flexibility to the courts and prosecutors while still maintaining judicial accountability. Conversely, critics express concerns that reducing mandatory processes may lead to inconsistencies in the enforcement of bail agreements and could undermine the rights of defendants, particularly those who are underrepresented in legal proceedings.

Contention

Notable points of contention include the implications of allowing prosecuting attorneys to use discretion in filing for bond forfeitures. Critics fear this could lead to arbitrary enforcement and highlight inadequate protections for defendants regarding their rights and representations. The amendment of how bail definitions are treated also raises discussions around ensuring that the changes do not inadvertently disadvantage certain groups, particularly those struggling to navigate the complexities of the legal system.