2016 Regular Session ENROLLED
SENATE BILL NO. 150
BY SENATORS PERRY AND RISER
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
18 defendant should be held without bail pending trial.
19 B. In determining whether the defendant should be admitted to bail
20 pending trial, or in determining the conditions of bail, the judge or magistrate
21 shall consider the following:
22 (1) The criminal history of the defendant.
23 (2) The nature and seriousness of the danger to any other person or the
24 community that would be posed by the defendant's release.
25 (3) Documented history or records of substance abuse by the defendant.
26 (4) The seriousness of the offense charged and the weight of the evidence
27 against the defendant.
ACT No. 474
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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 ENROLLED
1 (5) The risk that the defendant might flee.
2 C. Following the contradictory hearing and based upon the judge's or
3 magistrate's review of the factors set forth in Paragraph B of this Article, the
4 judge or magistrate may order that the defendant not be admitted to bail, upon
5 proof by clear and convincing evidence that the defendant might flee, or that the
6 defendant poses an imminent danger to any other person or the community.
7 D. If bail is granted, the judge or magistrate may consider, as a condition
8 of bail, a requirement that the defendant wear an electronic monitoring device
9 and be placed under active electronic monitoring and house arrest. The
10 conditions of the electronic monitoring and house arrest shall be determined by
11 the court and may include but are not limited to limitation of the defendant's
12 activities outside the home and a curfew. The defendant may be required to pay
13 a reasonable supervision fee to the supervising agency to defray the cost of the
14 required electronic monitoring and house arrest.
15 E. Any violation of the conditions of bail may be punishable by
16 revocation of the bond and the issuance of a bench warrant for the defendant's
17 arrest or remanding of the defendant to custody or a modification of the terms
of bail.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.