SLS 16RS-291 REENGROSSED
2016 Regular Session
SENATE BILL NO. 150
BY SENATORS PERRY AND RISER
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 who is not a citizen of the
13 United States or not lawfully admitted for permanent residence and who is
14 charged with the commission of an offense in which there was a fatality. The
15 hearing shall be held within five days from the date of determination of
16 probable cause, exclusive of weekends and legal holidays. At the contradictory
17 hearing, the court shall determine the conditions of bail or whether the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 150
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1 defendant should be held without bail pending trial.
2 B. In determining whether the defendant should be admitted to bail
3 pending trial, or in determining the conditions of bail, the judge or magistrate
4 shall consider the following:
5 (1) The criminal history of the defendant.
6 (2) The nature and seriousness of the danger to any other person or the
7 community that would be posed by the defendant's release.
8 (3) Documented history or records of substance abuse by the defendant.
9 (4) The seriousness of the offense charged and the weight of the evidence
10 against the defendant.
11 (5) The risk that the defendant might flee.
12 C. Following the contradictory hearing and based upon the judge's or
13 magistrate's review of the factors set forth in Paragraph B of this Article, the
14 judge or magistrate may order that the defendant not be admitted to bail, upon
15 proof by clear and convincing evidence that the defendant might flee, or that the
16 defendant poses an imminent danger to any other person or the community.
17 D. If bail is granted, the judge or magistrate may consider, as a condition
18 of bail, a requirement that the defendant wear an electronic monitoring device
19 and be placed under active electronic monitoring and house arrest. The
20 conditions of the electronic monitoring and house arrest shall be determined by
21 the court and may include but are not limited to limitation of the defendant's
22 activities outside the home and a curfew. The defendant may be required to pay
23 a reasonable supervision fee to the supervising agency to defray the cost of the
24 required electronic monitoring and house arrest.
25 E. Any violation of the conditions of bail may be punishable by
26 revocation of the bond and the issuance of a bench warrant for the defendant's
27 arrest or remanding of the defendant to custody or a modification of the terms
28 of bail.
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The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Ann S. Brown.
DIGEST
SB 150 Reengrossed 2016 Regular Session Perry
Proposed law provides that a contradictory bail hearing must be held prior to setting bail for
any person in custody who is not a citizen of the U.S. or not lawfully admitted for permanent
residence and who is charged with the commission of an offense involving a fatality.
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. 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 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 nature and seriousness of the danger to any other person or the community that
would be posed by the defendant's release.
(3) Documented history or records of substance abuse by the defendant.
(4)The seriousness of the offense charged and the weight of the evidence against the
defendant.
(5)The risk that the defendant might flee.
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 may 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. 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. 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 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)
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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.
Senate Floor Amendments to engrossed bill
1. Provides which defendants shall receive a contradictory bail hearing prior to
the setting of bail.
2. Changes the scope of information a judge or magistrate shall consider when
determining if a defendant should be admitted to bail or the conditions of
bail.
3. Removes the requirement that a judge or magistrate shall comply with the
provisions of present law relative to offenses committed against a family
member or dating partner, sexual assault, or stalking, as applicable.
4. Technical corrections.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.