HLS 25RS-963 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 426
BY REPRESENTATIVE WILFORD CARTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BAIL: Provides for the factors in fixing the amount of bail and modifications of bail
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 316(9) and (10) and 319(A) and
3 to enact Code of Criminal Procedure Article 316(11), relative to bail; to provide
4 relative to factors in fixing the amount of bail; to provide relative to fixing the
5 amount of bail; to provide for the consideration of the presumption of innocence; to
6 provide relative to modifications of bail; to provide relative to motions filed to
7 reduce the amount of bail; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Articles 316(9) and (10) and 319(A) are
10hereby amended and reenacted and Code of Criminal Procedure Article 316(11) is hereby
11enacted to read as follows:
12 Art. 316. Factors in fixing amount of bail
13 The amount of bail shall be fixed in an amount that will ensure the presence
14 of the defendant, as required, and the safety of any other person and the community,
15 having regard to:
16 * * *
17 (9) The presumption of innocence until the defendant is proven guilty.
18 (9)(10) Any other circumstances affecting the probability of defendant's
19 appearance.
20 (10)(11) The type or form of bail.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-963 ORIGINAL
HB NO. 426
1 Art. 319. Modifications of bail
2 A.(1) The court having trial jurisdiction over the offense charged, on its own
3 motion or on motion of the prosecuting attorney or defendant, for good cause, may
4 either increase or reduce the amount of bail, or require new or additional security.
5 For purposes of this Article, good cause for increase of bail specifically includes but
6 is not limited to the rearrest of the defendant on offenses alleged to have been
7 committed while out on a bail undertaking. The modification of any bail order
8 wherein a bail undertaking has been posted by a criminal defendant and his sureties
9 shall upon the modification terminate the liability of the defendant and his sureties
10 under the previously existing bail undertaking. A new bail undertaking must be
11 posted in the amount of the new bail order.
12 (2) When a motion to reduce the amount of bail is filed, the motion shall be
13 heard no later than thirty days after the motion is filed unless good cause is shown
14 by the state or the court.
15 * * *
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)]
HB 426 Original 2025 Regular Session Wilford Carter
Abstract: Provides that consideration shall be given to the presumption of innocence until
the defendant is proven guilty when setting the amount of bail, and provides relative
to the filing of motions to reduce the amount of bail.
Present law (C.Cr.P. Art. 316) requires bail to be fixed in an amount that will ensure the
presence of the defendant, as required, and the safety of any other person and the
community, having regard to:
(1)The seriousness of the offense charged, including but not limited to whether the
offense is a crime of violence or involves a controlled dangerous substance.
(2) The weight of the evidence against the defendant.
(3)The previous criminal record of the defendant.
(4)The ability of the defendant to give bail.
(5)The nature and seriousness of the danger to any other person or the community that
would be posed by the defendant's release.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-963 ORIGINAL
HB NO. 426
(6)The defendant's voluntary participation in a pretrial drug testing program.
(7)The absence or presence in the defendant of any controlled dangerous substance.
(8)Whether the defendant is currently out on a bail undertaking on a previous felony
arrest for which he is awaiting institution of prosecution, arraignment, trial, or
sentencing.
(9)Any other circumstances affecting the probability of the defendant's appearance.
(10)The type or form of bail.
Proposed law retains present law and adds that consideration shall be given to the
presumption of innocence until the defendant is proven guilty.
Present law (C.Cr.P. Art. 319(A)) relative to modifications of bail, authorizes the court
having trial jurisdiction over the offense charged, on its own motion or on motion of the
prosecuting attorney or defendant, for good cause, to either increase or reduce the amount
of bail, or require new or additional security.
Proposed law retains present law and provides that when a motion to reduce the amount of
bail is filed, the motion is required to be heard no later than 30 days after the motion is filed
unless good cause is shown by the state or the court.
(Amends C.Cr.P. Arts. 316(9) and (10) and 319(A); Adds C.Cr.P. Art. 316(11))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.