Louisiana House Bill HB259

Louisiana 2018 Regular Session

• Introduced: 2/28/18
• Refer: 2/28/18
• Refer: 3/12/18

Caption

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

Impact

The bill modifies existing provisions in the Code of Criminal Procedure regarding bail, necessitating that a court shall order a defendant's pretrial release unless it is determined that such release would risk their nonappearance at trial, encourage further criminal activity, or jeopardize community safety. This change could notably impact defendants charged with lesser offenses, who would benefit from more lenient release conditions, potentially reducing the economic and social costs associated with pretrial detention.

Summary

House Bill 259 seeks to establish a framework for presumptive pretrial release for defendants on unsecured personal surety or bail without surety. The bill significantly alters how bail is determined in Louisiana by mandating that, in the absence of particular risks, defendants must be released prior to trial without the need for a surety. This is intended to streamline the legal process, reduce overcrowding in jails, and acknowledge the principle of presumed innocence until proven guilty.

Sentiment

Discussions around HB 259 exhibit a mix of support and concern. Proponents, including various advocacy groups and legal reform activists, argue that the bill promotes justice and fairness, especially for low-risk individuals who may otherwise be detained due to an inability to pay bail. Conversely, critics argue that this legislation poses a significant risk to community safety, especially in cases involving violent crimes, as it may allow defendants with a history of violence or high flight risk to be released without surety.

Contention

The main points of contention surrounding HB 259 involve the balance between ensuring defendants' rights and maintaining public safety. Supporters feel that the bill supports crucial reforms aimed at combating wrongful detainment, while opponents express concerns about potential increases in crime rates and the negative implications for victims of crime. The debate reflects broader discussions in society about the role of bail in the justice process and the need for reform to address systemic issues in the criminal justice system.