RÉSUMÉ DIGEST
ACT 474 (SB 150) 2016 Regular Session Perry
New law provides that a contradictory bail hearing must be held prior to setting bail for any
person in custody who is not a U.S. citizen or not lawfully admitted for permanent residence
and who is charged with the commission of an offense involving a fatality.
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.
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.
Provides that following the contradictory hearing and based upon the judge's or magistrate's
review of the factors set forth in new 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.
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.
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)