The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alan Miller.
DIGEST
SB 505 Original 2020 Regular Session Smith
Present law provides for conditions of bail undertaking for domestic offenses, stalking, and sex
offenses.
Present law requires that, determining conditions of release of a defendant who is alleged to have
committed an offense against the defendant's family or household member, or against the defendant's
dating partner, or who is alleged to have committed the offense of domestic abuse battery, or who
is alleged to have committed the offense of stalking, or who is alleged to have committed a sexual
assault, or who is alleged to have committed the offense of first degree rape, that the court consider
the previous criminal history of the defendant and whether the defendant poses a threat or danger to
the victim. If the court determines that the defendant poses such a threat or danger, it shall require
as a condition of bail that the defendant refrain from going to the residence or household of the
victim, the victim's school, and the victim's place of employment or otherwise contacting the victim
in any manner whatsoever, and refrain from having any further contact with the victim.
Present law also requires he court to consider any statistical evidence prepared by the U.S. Dept. of
Justice relative to the likelihood of such defendant or any person in general who has raped or
molested victims under the age of 13 years to commit sexual offenses against a victim under the age
of 13 in the future.
Proposed law retains present law and adds the offenses of battery of a dating partner, cyberstalking,
violation of a protective order, and unlawful communication to the list of alleged offenses that the
court is required to consider in addition to the previous criminal history of the defendant and whether
the defendant poses a threat or danger to the victim when determining the conditions of release.
Proposed law requires the court to also consider as a condition of bail that the defendant be
prohibited from communicating, by electronic communication, in writing, or orally, with a victim
of the offense, or with any of the victim's immediate family members. Proposed law prohibits this
condition from applying if the victim consents by way of a request to the court and the court issues
an order permitting the communication. If an immediate family member of the victim consents by
way of a request to the court and the court issues an order permitting the communication, then the
defendant is authorized to contact that person.
Present law authorizes the court to require as a condition of bail that the defendant be prohibited
from communicating, by electronic communication, in writing, or orally, with a victim of the
offense, or with any of the victim's immediate family members, while the case is pending, if the
defendant is alleged to have committed any of the offenses included in present law, but not if the
victim consents in person or through a communication through the local prosecuting agency. Proposed law authorizes the court, in the event that the defendant is denied bail or is unable to post
bail and is therefore incarcerated prior to trial, to issue an order prohibiting the defendant from
communicating, by electronic communication, in writing, or orally, with a victim of the offense, or
with any of the victim's immediate family members, but not if the victim or an immediate family
member consents by way of a request to the court and the court issues an order permitting the
communication.
Proposed law requires that in all cases, the court issue and shall file into the record any order issued
and serve the defendant with the order by personal service.
Present law provides for conditions of bail undertaking for crimes of violence.
Present law requires the court, if the defendant has been charged with a crime of violence, to set as
a condition of bail that the defendant be prohibited from communicating, by electronic
communication, in writing, or orally, with a victim of the offense, or with any of the victim's
immediate family members while the case is pending, but not if the victim or n immediate family
member consents in person or through a communication through the local prosecuting agency.
Proposed law requires the court to also consider as a condition of bail that the defendant be
prohibited from communicating, by electronic communication, in writing, or orally, with a victim
of the offense, or with any of the victim's immediate family members. Proposed law prohibits this
condition from applying if the victim consents by way of a request to the court and the court issues
an order permitting the communication. If an immediate family member of the victim consents by
way of a request to the court and the court issues an order permitting the communication, then the
defendant is authorized to contact that person.
Present law authorizes the court to require as a condition of bail that the defendant be prohibited
from communicating, by electronic communication, in writing, or orally, with a victim of the
offense, or with any of the victim's immediate family members, while the case is pending, if the
defendant is alleged to have committed any of the offenses included in present law, but not if the
victim consents in person or through a communication through the local prosecuting agency.
Proposed law authorizes the court, in the event that the defendant is denied bail or is unable to post
bail and is therefore incarcerated prior to trial, to issue an order prohibiting the defendant from
communicating, by electronic communication, in writing, or orally, with a victim of the offense, or
with any of the victim's immediate family members, but not if the victim or an immediate family
member consents by way of a request to the court and the court issues an order permitting the
communication.
Proposed law prohibits a court from denying the issuance of a protective order on the ground that
a protective order has already been issued under any other provision of law. Proposed law further
requires that any protective order issued pursuant to proposed law remain in effect for the entirety
of the time that the criminal case is pending until sentencing unless the person protected by the
protective order moves the court to dissolve the protective order as to that person and the court grants
the motion to dissolve the protective order as to that person. Present law sets forth certain circumstances under which a defendant is prohibited from being
released on his personal undertaking or with an unsecured personal surety.
Proposed law retains present law and adds battery and aggravated assault of a dating partner as
offenses in which present law applies.
Present law authorizes the committee on parole to make rules for the conduct of persons granted
parole. Present law requires that when a prisoner is released on parole, the committee require as a
condition of his parole that he refrain from engaging in criminal conduct.
Proposed law requires that if the offender has been convicted of a crime of violence committed upon
any person, or any offense, that is a felony, committed upon a family member, household member,
or dating partner, the committee on parole, as a condition of parole that the offender, order that the
defendant refrain from going to the residence or household of the victim, the victim's school, and the
victim's place of employment or otherwise contacting the victim in any manner whatsoever, and shall
refrain from having any further contact with the victim.
Proposed law requires the committee on parole to require as a condition of parole that the offender
refrain from communicating, by electronic communication, in writing, or orally, with a victim of the
offense, or with any of the victim's immediate family members.
Proposed law requires that, prior to the release of the offender on parole, a judge cause to have
prepared a Uniform Abuse Prevention Order, sign the order, and immediately forward it to the clerk
of court for filing on the day that the order is issued. Proposed law requires the clerk of the issuing
court to transmit the Uniform Abuse Prevention Order to the chief law enforcement officer of the
parish where the person or persons protected by the order reside by facsimile transmission or direct
electronic input as expeditiously as possible, but no later than the end of the next business day after
the order is filed with the clerk of court.
Present law prohibits any person who has been charged by bill of information or indictment with any
crime of violence or any offense, that is a felony, committed upon a family member, household
member, or dating partner, or any immediate family member of such person, from communicating,
either by electronic communication, in writing, or orally, with a victim of the offense, or any of his
immediate family members for which the person has been charged or for which disposition of the
case is pending.
Proposed law retains present law and adds the felony sex offenses and felony human trafficking-
related offenses as offenses in which present law applies.
Present law prohibits any person who has been sentenced for a crime of violence or any offense, that
is a felony, committed upon a family member, household member, or dating partner, or any
immediate family member of such person, from communicating, either by electronic communication,
in writing, or orally, with a victim of the offense, or any of his immediate family members, for which
the person has been sentenced unless the victim or his immediate family members initiate the
communication through the Dept. of Public Safety and Corrections, and it is agreed that the victim and the offender participate in a formally defined restorative justice program administered through
the department.
Proposed law retains present law and adds persons found not guilty by reason of insanity of crimes
of violence, felony sex offenses and felony human trafficking-related offenses as offenses in which
present law applies.
Effective August 1, 2020.
(Amends C.Cr.P. Art. 320(G), (H) and (J), and Art.321(C)(5) and (6), R.S. 14:79(A)(3)(c) and (E),
R.S. 15:574.4.2(A)(5), and R.S. 46:1846(A) and (C); adds C.Cr.P. Art. 320(L) and R.S.
15:574.2(A)(6))