The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 23 Engrossed 2019 Regular Session Price
Present law provides that, upon motion of the prosecuting attorney, a judge or magistrate may order
the temporary detention of a person in custody who is charged with the commission of an offense,
for a period of not more than five days, exclusive of weekends and legal holidays, pending the
conducting of a contradictory bail hearing.
Proposed law retains present law and adds that a judge or magistrate may also order the temporary
detention of a person in custody pending a contradictory bail hearing upon the court's determination
that additional information is needed in order to set reasonable bail.
Present law provides that, following the contradictory hearing, upon proof by clear and convincing
evidence either that there is a substantial risk that the defendant might flee or that the defendant
poses an imminent danger to any other person or the community, the judge or magistrate may order
the defendant held without bail pending trial.
Proposed law retains present law.
Effective August 1, 2019.
(Amends C.Cr.P. Art. 313(B))