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 Original 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 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 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)