SLS 16RS-291 ENGROSSED
2016 Regular Session
SENATE BILL NO. 150
BY SENATOR PERRY
CRIMINAL PROCEDURE. Provides relative to mandatory bail hearings for certain
defendants. (8/1/16)
1 AN ACT
2 To enact Code of Criminal Procedure Article 330.4, relative to bail and bail hearings; to
3 require the detention of a noncitizen defendant pending a bail hearing on a charge
4 involving a fatality; to provide relative to bail hearing procedures; to provide relative
5 to conditions of bail; to provide relative to revocation of bail and issuance of arrest
6 warrants; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 330.4 is hereby enacted to read as
9 follows:
10 Art. 330.4. Detention of noncitizen defendant pending bail hearing
11 A. A contradictory bail hearing, as provided for in this Article, shall be
12 held prior to setting bail for any person in custody charged with the commission
13 of an offense in which there was a fatality who is not a citizen of the United
14 States or not lawfully admitted for permanent residence. The hearing shall be
15 held within five days from the date of determination of probable cause,
16 exclusive of weekends and legal holidays. At the contradictory hearing, the
17 court shall determine the conditions of bail or whether the defendant should be
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1 held without bail pending trial.
2 B. In addition to the factors listed in Article 334, in determining whether
3 the defendant should be admitted to bail pending trial, or in determining the
4 conditions of bail, the judge or magistrate shall consider the following:
5 (1) The criminal history of the defendant.
6 (2) The potential threat or danger the defendant poses to the victim, the
7 family of the victim, or to any member of the public, especially children.
8 (3) Documented history or records, including but not limited to sworn
9 affidavits, police reports, and medical records, regarding any of the following:
10 (a) Substance abuse by the defendant.
11 (b) Threats of suicide by the defendant.
12 (c) The defendant's use of force or threats of use of force against any
13 victim.
14 (d) Strangulation, forced sex, or controlling the activities of any victim
15 by the defendant.
16 (e) Threats to kill.
17 C. Following the contradictory hearing and based upon the judge's or
18 magistrate's review of the factors set forth in Paragraph B of this Article, the
19 judge or magistrate may order that the defendant not be admitted to bail, upon
20 proof by clear and convincing evidence that the defendant might flee, or that the
21 defendant poses an imminent danger to any other person or the community.
22 D. If bail is granted, the judge or magistrate shall comply with the
23 provisions of Article 335.1 or 335.2, as applicable. The judge or magistrate shall
24 consider, as a condition of bail, a requirement that the defendant wear an
25 electronic monitoring device and be placed under active electronic monitoring
26 and house arrest. The conditions of the electronic monitoring and house arrest
27 shall be determined by the court and may include but are not limited to
28 limitation of the defendant's activities outside the home and a curfew. The
29 defendant may be required to pay a reasonable supervision fee to the
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1 supervising agency to defray the cost of the required electronic monitoring and
2 house arrest.
3 E. Any violation of the conditions of bail may be punishable by
4 revocation of the bond and the issuance of a bench warrant for the defendant's
5 arrest or remanding of the defendant to custody or a modification of the terms
6 of bail.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 150 Engrossed 2016 Regular Session Perry
Proposed law provides that a contradictory bail hearing must be held prior to setting bail for
any person in custody charged with the commission of an offense involving a fatality who
is not a citizen of the U.S. or not lawfully admitted for permanent residence. Proposed law
further provides that this hearing is to be held within five days from the date of
determination of probable cause, exclusive of weekends and legal holidays. Proposed law
further provides that at the contradictory hearing, the court is to determine the conditions of
bail or whether the defendant should be held without bail pending trial.
Proposed law provides that in addition to the factors listed in present law relative to bail, in
determining whether the defendant should be admitted to bail pending trial, or in
determining the conditions of bail, the judge or magistrate is to consider the following:
(1) The criminal history of the defendant.
(2)The potential threat or danger the defendant poses to the victim, the family of the
victim, or to any member of the public, especially children.
(3) Documented history or records, including but not limited to sworn affidavits, police
reports, and medical records, regarding: substance abuse or threats of suicide by the
defendant; the defendant's use of force or threats of use of force against any victim;
strangulation, forced sex, or controlling the activities of any victim; or threats to kill.
Proposed law provides that following the contradictory hearing and based upon the judge's
or magistrate's review of the factors set forth in proposed law, the judge or magistrate may
order that the defendant not be admitted to bail, upon proof by clear and convincing evidence
that the defendant might flee, or that the defendant poses an imminent danger to any other
person or the community.
Proposed law provides that if bail is granted, the judge or magistrate is to comply with the
provisions of present law relative to offenses committed against a family member or dating
partner, sexual assault, or stalking, as applicable.
Proposed law provides that the judge or magistrate must consider, as a condition of bail, a
requirement that the defendant wear an electronic monitoring device and be placed under
active electronic monitoring and house arrest. Proposed law further provides that the
conditions of the electronic monitoring and house arrest are to be determined by the court
and may include but are not limited to limitation of the defendant's activities outside the
home and a curfew. Proposed law further provides that the defendant may be required to pay
a reasonable supervision fee to the supervising agency to defray the cost of the required
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electronic monitoring and house arrest.
Proposed law provides that any violation of the conditions of bail may be punishable by
revocation of the bond and the issuance of a bench warrant for the defendant's arrest or
remanding of the defendant to custody or a modification of the terms of bail.
Effective August 1, 2016.
(Adds C.Cr.P. Art. 330.4)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Change applicability of proposed law from a defendant charged with any
offense to a defendant charged with an offense involving a fatality.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.