RDCSB505 2697 2244
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)]
SB 505 Engrossed 2020 Regular Session Smith
Present law (C.Cr.P. Art. 320) provides for certain conditions of bail for domestic offenses,
stalking, and sex offenses.
Present law (C.Cr.P. Art. 320(G)) requires that, in 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, stalking, a sexual assault, or first degree
rape, the court is to consider the previous criminal history of the defendant and whether the
defendant poses a threat or danger to the victim. Present law further provides that if the
court determines that the defendant poses a threat or danger, it must 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 from otherwise contacting the
victim in any manner whatsoever, and refrain from having any further contact with the
victim.
Proposed law retains present law and expands its application to the offenses of battery of a
dating partner, cyberstalking, violation of a protective order, and unlawful communication.
Present law (C.Cr.P. Art. 320(G)) 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.
For these present and proposed law offenses, proposed law amends present law to require
the court, as a condition of bail, to prohibit 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, unless the victim or the victim's immediately family member
consents by way of a request to the court and the court issues an order permitting the
communication.
For these present and proposed law offenses, proposed law provides that if the defendant is
denied bail or is unable to post bail and is therefore incarcerated, the court may 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, unless 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 further requires that in all cases, the court shall issue and file into the record
any order issued and serve the defendant with the order by personal service.
Present law (C.Cr.P. Art. 320(J)) provides for conditions of bail 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
an immediate family member consents in person or through a communication via the
prosecuting agency.
Proposed law amends present law to require the court to impose as a condition of bail that
the defendant be prohibited from going to the residence or house hold of the victim, the
victim's school, and the victim's place of employment and from otherwise contacting the
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victim in any manner. Proposed law retains the requirement that the court prohibit the
defendant from communicating with the victim or an immediate family member of the
victim, unless the victim or the victim's family member consents by way of a request to the
court and the court issues an order permitting the communication.
Proposed law further provides that if the defendant is denied bail or is unable to post bail and
is therefore incarcerated prior to trial, the court shall 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, unless 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 further 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 (C.Cr.P. Art. 320(H)) requires that for orders issued prohibiting the defendant
from threatening acts against or communicating with the victim or the victim's family
member, the judge shall cause to have prepared a Uniform Abuse Prevention Order.
Proposed law retains present law but expands its application to orders issued under present
law and proposed law.
Present law (C.Cr.P. Art. 320 (I)) provides that the court is required to order a defendant who
is alleged to have committed the offense of first degree rape, and may order 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, to be equipped with a global positioning
monitoring system as a condition of release on bail.
Proposed law retains present law with respect to the offense of first degree rape, but amends
present law with respect to the court's authority to require the defendant to be equipped with
a global positioning device to apply this authority to any offense enumerated in present and
proposed law (C.Cr.P. Art. 320(G) and (J)).
Present law (C.Cr.P. Art. 321) 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 (R.S. 15:574.4.2) authorizes the committee on parole to impose certain
conditions upon persons who are released on parole.
Proposed law retains present law but adds a requirement that if the offender has been
convicted of a crime of violence committed upon any person, any felony sex offense
committed upon any person, any felony human trafficking-related offense 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 shall require, as a condition of parole,
that the offender 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. Proposed
law further 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.
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Proposed law further requires that, prior to the release of the offender on parole, a judge of
the court of conviction shall 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 further 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.
Proposed law provides that nothing in proposed law shall impair, limit, or abrogate the
authority of the committee on parole to require as a condition of parole any other protective
order or any other restriction under any provision of present or proposed law.
Present law (R.S. 46:1846(A)) 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 (R.S. 46:1846(C)) 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 specifies that present law applies to crimes of violence committed against any
person, adds that present law applies to felony sex offenses committed against any person
and felony human trafficking-related offenses committed against any person, and expands
the application of present law to persons who are found not guilty by reason of insanity for
such present and proposed law offenses.
Proposed law further provides that any sentencing order issued pursuant to this provision of
law shall be reflected in the sentencing minutes of the issuing court and the issuing court
shall notify the Dept. of Public Safety and Corrections of the issuance of the sentencing
order.
Present law (R.S. 46:2132) provides that for purposes of present law relative to domestic
abuse assistance, the term "family members" means spouses, former spouses, parents and
children, stepparents, stepchildren, foster parents, and foster children. Present law further
provides that "household members" means any person presently or formerly living in the
same residence with the defendant and who is involved or has been involved in a sexual or
intimate relationship with the defendant. Present law further provides that "dating partner"
means any person protected from violence under certain provisions of present law.
Proposed law retains present law and adds that "family member" also includes any child
presently or formerly living in the same residence with the defendant, or any child of the
defendant regardless of where the child resides.
Effective August 1, 2020.
(Amends C.Cr.P. Art. 320(G), (H), (I)(1)(a), 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) and 2132(4);
adds C.Cr.P. Art. 320(L) and R.S. 15:574.2(A)(6))
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Add proposed law relative to a global positioning monitoring system as a
condition of release on bail under certain circumstances.
2. Provide that certain provisions of present law and proposed law apply to
offenses "committed against any person."
3. Add certain children to the definition of "family members" for purposes of
present law relative to domestic abuse assistance.
4. Make technical changes to conform citations in present law and proposed law
to the conventions for citations applicable to the Code of Criminal Procedure.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the engrossed bill:
1. Add felony sex offenses and felony human trafficking-related offenses to the list
of offenses for which the committee on parole may require as a condition of
parole that the offender 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.
2. Provide that proposed law shall not be construed to impair, limit, or abrogate the
authority of the committee on parole to require as a condition of parole any other
protective order or any other restriction under any provision of present or
proposed law.
3. Add that for persons sentenced pursuant to present and proposed law (R.S.
46:1846(C)), the sentencing order issued shall be reflected in the sentencing
minutes of the issuing court, and requires the issuing court to notify the Dept. of
Public Safety and Corrections of the issuance of the sentencing order.
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