HLS 18RS-3441 ORIGINAL
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 100
BY REPRESENTATIVE JORDAN
BAIL: Requests that the La. State Law Institute study and provide recommendations
regarding the presumed release of a person on unsecured personal surety or bail
without surety
1 A CONCURRENT RESOL UTION
2To urge and request the Louisiana State Law Institute to review Louisiana laws regarding
3 bail and study whether a system which provides for the presumed release of a person
4 on unsecured personal surety or bail without surety in lieu of a preset bail schedule
5 would be more successful in ensuring the appearance of the defendant and the public
6 safety of the community.
7 WHEREAS, a person in custody who is charged with the commission of an offense
8is entitled to bail before conviction pursuant to Article I, Section 18 of the Constitution of
9Louisiana and Code of Criminal Procedure Article 312; and
10 WHEREAS, the American Bar Association (ABA) is one of the largest voluntary
11professional membership organizations and the leading organization of legal professionals
12in the United States, and since its founding in 1878, the ABA has worked to protect the
13rights granted to individuals by the United States Constitution, including the rights of those
14persons who are accused of crimes; and
15 WHEREAS, the ABA's work in this area is reflected in the ABA Standards for
16Criminal Justice (Standards), a list of principals articulating the ABA's recommendations
17for fair and effective systems of criminal justice that were developed and revised by the
18ABA Criminal Justice Section comprised of prosecutors, defense lawyers, judges,
19academics, and members of the public; and
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HCR NO. 100
1 WHEREAS, the United States Supreme Court and other courts have looked to the
2Standards for guidance about the appropriate balance between individual rights and public
3safety in the field of criminal justice; and
4 WHEREAS, the Standards reflect the ABA's conclusion that "although there may
5be narrow circumstances in which monetary conditions of release are necessary to ensure
6a defendant's appearance, inflexible money-bail requirements drawn from a present schedule
7of offenses, which takes no account of a defendant's individual circumstances, should be
8abolished" as such systems discriminate against the indigent, seriously impair the rights of
9persons accused of crimes, and provide little benefit to the public; and
10 WHEREAS, in its Amicus Curiae brief to the United States Court of Appeals for the
11Eleventh Circuit in the case Walker v. City of Calhoun, the ABA argues that inflexible
12money-bail systems that rely on preset bail schedules, instead of individualized
13determinations of the appropriate conditions of release, violate the Due Process and Equal
14Protection Clauses of the Fourteenth Amendment; and
15 WHEREAS, it is important that Louisiana's system of pretrial release and detention
16protects the community and ensures the appearance of the accused for court dates, while
17securing the rights of the accused.
18 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
19urge and request the Louisiana State Law Institute to review Louisiana laws regarding bail
20and to study whether a system which provides for the presumed release of a person on
21unsecured personal surety or bail without surety in lieu of a preset bail schedule would be
22more successful in ensuring the appearance of the defendant and the public safety of the
23community.
24 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall report
25its findings to the Louisiana Legislature no later than February 1, 2019.
26 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be sent to the
27Louisiana State Law Institute.
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HCR NO. 100
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 100 Original 2018 Regular Session Jordan
Requests that the La. State Law Institute review La. laws regarding bail and study whether
a system which provides for the presumed release of a person on unsecured personal surety
or bail without surety in lieu of a preset bail schedule would be more successful in ensuring
the appearance of the defendant and the public safety of the community. Requires the La.
State Law Institute to report its findings no later than Feb. 1, 2019.
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