Louisiana Senate Bill SB123

Louisiana 2016 Regular Session

• Introduced: 3/2/16
• Refer: 3/2/16
• Refer: 3/14/16
• Report Pass: 4/12/16
• Engrossed: 4/18/16
• Refer: 4/19/16
• Report Pass: 5/10/16
• Enrolled: 6/6/16
• Chaptered: 6/17/16
• Passed: 6/17/16

Caption

Revises and reorganizes Code of Criminal Procedure articles and Revised Statutes relative to bail. (1/1/17)

Impact

The impact of SB 123 on state laws is significant as it repeals numerous existing articles that were deemed outdated and ineffective. By overhauling the bail obligations, this bill establishes uniform requirements across the state that aim to standardize the bail process and improve accountability for sureties. Notably, the legislation mandates that sureties must be adequately bonded, scheduled bail hearings must occur within stipulated time frames, and conditions for bail may include electronic monitoring for defendants charged with violent crimes or those posing a threat to victims, thereby enhancing public safety during the pretrial phase.

Summary

Senate Bill 123 amends and reorganizes Title VIII of the Code of Criminal Procedure relating to bail laws in Louisiana. This comprehensive reform attempts to create a more structured approach to bail and its associated processes by defining various terms, establishing guidelines for bail hearings, and detailing the responsibilities of sureties. Moreover, the bill seeks to clarify the circumstances under which bail can be denied, outlining specific conditions that must be met for a defendant to be eligible for release on bail. The bill's intent is to enhance efficiency and transparency in the bail system, while also ensuring that the rights of defendants are respected.

Sentiment

General sentiment regarding SB 123 seems to be cautiously optimistic among lawmakers. Supporters advocate for the seriousness with which the bill approaches bail enforcement and the responsibilities of sureties, considering it a necessary evolution in a system criticized for contributing to issues of pretrial detention. However, there are concerns from some advocacy groups that alterations to bail processes could inadvertently exacerbate inequalities in the legal system, particularly impacting low-income individuals who may struggle to afford bail even with reformed structures.

Contention

Notable points of contention arising from the discussions surrounding SB 123 include the balance between public safety and the consideration of a defendant's rights. Some legislators and advocacy groups worry that stricter bail conditions might lead to more individuals being held pretrial, while proponents argue that the bill's changes are essential to deter defendants from absconding and ensuring they comply with court orders. Additionally, the clarity around surety responsibilities and provisions for bond forfeiture proceedings generated debate on whether it sufficiently addresses the interests of both the state and the accused.