Louisiana 2013 Regular Session

Louisiana House Bill HB297

Introduced
4/8/13  
Refer
4/8/13  
Report Pass
5/1/13  
Engrossed
5/14/13  
Refer
5/15/13  
Report Pass
5/28/13  
Enrolled
6/6/13  
Chaptered
6/13/13  

Caption

Limits the release of defendants on their own recognizance in certain circumstances

Impact

This legislation will amend existing statutes in the Code of Criminal Procedure, imposing additional restrictions on judges when determining pretrial release. The bill introduces a rebuttable presumption against the release of defendants who have been previously convicted or who fail to appear. Judges retain the discretion to override this presumption after conducting a contradicting hearing, allowing them to consider individual cases more closely and ensure that pretrial decisions are made based on current risk factors associated with each defendant.

Summary

House Bill 297 focuses on modifying the conditions under which certain defendants can be released from custody on their own recognizance. Specifically, it prohibits release for individuals arrested for a range of serious offenses, including vehicular homicide, aggravated kidnapping, and multiple drug offenses, especially when they have prior convictions. The bill aims to enhance public safety by ensuring that those who have previously demonstrated a disregard for the law, by either failing to appear in court or committing new felonies, cannot easily secure release without stringent checks.

Sentiment

The sentiment surrounding HB 297 appears to be largely supportive among legislators and some constituencies who view it as a necessary measure to maintain public safety. The rationale for the legislation hinges on preventing repeat offenders from exploiting loopholes in the law that would allow them to be released without adequate scrutiny. However, there are concerns from various advocacy groups about potential overreach and the impact this may have on individuals who could be unjustly affected by stricter pretrial conditions. The debate reflects ongoing tensions in criminal justice reform concerning balancing individual rights with community safety.

Contention

Critics of the bill voice concerns that it could disproportionately impact certain demographics and potentially lead to an increased jail population while undermining the principle of presumed innocence until proven guilty. The proposed rebuttable presumption could result in a system where defendants are discouraged from seeking equitable treatment, particularly if they find themselves in a system that leans more heavily towards detention rather than release. This highlights the ongoing contention in the legislative assemblies surrounding the effectiveness and fairness of pretrial release protocols.

Companion Bills

No companion bills found.

Previously Filed As

LA SB329

Prohibits release on own recognizance for certain offenses. (8/1/12)

LA HB77

Prohibits a defendant's release on his own recognizance for the arrest of a felony offense (OR SEE FISC NOTE LF EX)

LA AB789

Criminal procedure: release on own recognizance.

LA HB554

Prohibits release on own recognizance for domestic abuse battery

LA HB367

Provides relative to pretrial release

LA A1267

Restricts pretrial release of certain defendants; sets conditions for pretrial release of certain first-time offenders; requires revocation of pretrial release under certain circumstances.

LA A5724

Restricts pretrial release of certain defendants; sets conditions for pretrial release of certain first-time offenders; requires revocation of pretrial release under certain circumstances.

LA HB3613

Criminal procedure; indictment or information; time limitation; release request on own recognizance bonds under certain circumstances; effective date.

LA SB63

Bonds and Recognizances; setting of bonds and schedules of bails; provide

LA HB81

Provides for presumptive pretrial release of a defendant on an unsecured personal surety or bail without surety except under certain circumstances

Similar Bills

No similar bills found.