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.
(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))