SLS 19RS-197 ENGROSSED
2019 Regular Session
SENATE BILL NO. 23
BY SENATOR PRICE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL PROCEDURE. Provides relative to temporary detention of a person in custody
pending a bail hearing. (8/1/19)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 313(B), relative to bail; to
3 provide relative to the temporary detention of a person in custody under certain
4 circumstances pending a bail hearing; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 313(B) is hereby amended and
7 reenacted to read as follows:
8 Art. 313. Gwen's Law; bail hearings; detention without bail
9 * * *
10 B. Upon motion of the prosecuting attorney, or upon the court's
11 determination that additional information is needed in order to set reasonable
12 bail, the judge or magistrate may order the temporary detention of a person in
13 custody who is charged with the commission of an offense, for a period of not more
14 than five days, exclusive of weekends and legal holidays, pending the conducting of
15 a contradictory bail hearing. Following the contradictory hearing, upon proof by
16 clear and convincing evidence either that there is a substantial risk that the defendant
17 might flee or that the defendant poses an imminent danger to any other person or the
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 23
SLS 19RS-197 ENGROSSED
1 community, the judge or magistrate may order the defendant held without bail
2 pending trial.
3 * * *
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))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.