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2022 Regular Session
SENATE BILL NO. 89
BY SENATOR MORRIS
CRIMINAL PROCEDURE. Provides relative to bail for offenders convicted of certain
offenses while awaiting sentencing. (See Act)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 312(E), (F), and (G), relative to bail;
3 to provide relative to bail for offenders who have committed or been convicted of
4 certain offenses; to provide for effectiveness; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Art. 312(E), (F), and (G) are hereby amended
7 and reenacted to read as follows:
8 Art. 312. Right to bail before and after conviction
9 * * *
10 E. After (1) Except as provided in Paragraph G of this Article, after
11 conviction and before sentence, bail shall be allowed if the maximum sentence which
12 may be imposed is imprisonment for five years or less. Bail Except as provided in
13 Paragraph G of this Article, bail may be allowed pending sentence if the maximum
14 sentence which may be imposed is imprisonment exceeding five years, except when
15 the court has reason to believe, based on competent evidence, that the release of the
16 person convicted will pose a danger to any other person or the community, or that
17 there is a substantial risk that the person convicted might flee.
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1 F. After Except as provided in Paragraph G of this Article, after sentence
2 and until final judgment, bail shall be allowed if a sentence of five years or less is
3 actually imposed. Bail Except as provided in Paragraph G of this Article, bail
4 may be allowed after sentence and until final judgment if the sentence actually
5 imposed exceeds imprisonment for five years, except when the court has reason to
6 believe, based on competent evidence, that the release of the person convicted will
7 pose a danger to any other person or the community, or that there is a substantial risk
8 that the person convicted might flee.
9 G.(1) After conviction of a capital offense, a defendant shall not be allowed
10 bail.
11 (2)(a) After conviction of any crime punishable by imprisonment for twenty-
12 five years or more that is both a sex offense and a crime of violence, there shall be
13 a rebuttable presumption that the release of the person convicted will pose a danger
14 to another person or the community and that there is a substantial risk that the person
15 convicted might flee.
16 (b) For purposes of this Paragraph:
17 (i) "Crime of violence" means any offense defined or enumerated as a crime
18 of violence in R.S. 14:2(B).
19 (ii) "Sex offense" means any offense that requires registration and
20 notification pursuant to R.S. 15:540 et seq.
21 Notwithstanding any other provision of law to the contrary, after
22 conviction of any of the following offenses, a defendant shall not be allowed bail:
23 (1) Any offense punishable by death or life imprisonment.
24 (2) Any offense that is both a crime of violence as defined in R.S. 14:2(B)
25 and a sex offense as defined in R.S. 15:541.
26 (3) Any offense that is a felony committed upon a family member,
27 household member, or dating partner, as those terms are defined by R.S.
28 46:2132, for which the defendant is in whole or in part not eligible for
29 probation.
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1 (4) Any other offense punishable by imprisonment for thirty years or
2 more.
3 * * *
4 Section 2. This Act shall take effect and become operative if and when the proposed
5 amendment of Article I, Section 18 of the Constitution of Louisiana contained in the Act
6 which originated as Senate Bill No. 4 of this 2022 Regular Session of the Legislature is
7 adopted at the statewide election to be held on November 8, 2022, and becomes effective.
The original instrument was prepared by Whitney Kauffeld. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jacob Wilson.
DIGEST
SB 89 Reengrossed 2022 Regular Session Morris
Present law provides that after conviction and before sentencing, bail must be allowed if the
maximum sentence which may be imposed is imprisonment for five years or less.
Proposed law retains present law, except when the crime of conviction is an offense
punishable by death or life imprisonment, both a crime of violence and sex offense, or a
felony committed upon a family member, household member or dating partner, as defined
by present law, or punishable by imprisonment for thirty years or more, in which case bail
will be denied.
Present law provides that bail may be allowed pending sentence if the maximum sentence
which may be imposed is imprisonment exceeding five years, except when the court has
reason to believe, based on competent evidence, that the release of the person convicted will
pose a danger to any other person or the community, or that there is a substantial risk that
the person convicted might flee.
Proposed law retains present law, except when the crime of conviction is an offense
punishable by death or life imprisonment, both a crime of violence and sex offense, or a
felony committed upon a family member, household member or dating partner, as defined
by present law, or punishable by imprisonment for thirty years or more.
Proposed law provides for an effective date contingent upon whether the proposed
amendment to Article I, Section 18 of the Constitution of Louisiana contained in the Act
which originated as Senate Bill No. 4 of this 2022 Regular Session of the Legislature is
adopted at the statewide election to be held on November 8, 2022, and becomes effective.
(Amends C.Cr.P. Art. 312(E), (F), and (G))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Provides that a person will be denied bail when the crime of conviction is
punishable by death or life imprisonment, is both a crime of violence and sex
offense, is a felony committed upon a family member, household member,
or dating partner, or punishable by imprisonment for 30 years or more.
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2. Deletes proposed law relative to delay for sentencing after conviction.
Senate Floor Amendments to engrossed bill
1. Provides for an effective date contingent upon whether the proposed
amendment to Article I, Section 18 of the Constitution of Louisiana
contained in the Act which originated as Senate Bill No. 4 of this 2022
Regular Session of the Legislature is adopted at the statewide election to be
held on November 8, 2022, and becomes effective.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.