HB 58 — BAIL: Restricts post-conviction bail for certain offenders (EN SEE FISC NOTE SG EX)

HLSENROLLED 26RS-430 ENGROSSED Regular Session HOUSE BILL NO.

58 BY REPRESENTATIVE VILLIO BAIL:AN ACT To amend and reenact Code of Criminal Procedure Article 312(E) through (H) and to enact Code of Criminal Procedure Article 312(I), relative to bail;

Restricts post-conviction bail for certain offenders AN ACT To amend and reenactCode of Criminal Procedure Article 312(E) through (H) and to enact Code of Criminal Procedure Article 312(I), relative to bail;

Code of Criminal Procedure Article 312(E) through (H) are hereby amendedamendedand and reenactedand Code of Criminal ProcedureArticle 312(I) is herebyenactedto read as follows:

After (1) Except as provided in Paragraph H of this Article, after convictionandbeforesentence,bailshallbeallowedifthemaximumsentencewhichconviction mayand before sentence, bail shall be imposedallowed isif imprisonmentthe formaximum fivesentence yearswhich ormay less.be imposedisimprisonmentforfiveyearsorless.

BailBailExceptasprovidedinParagraph Except as provided in Paragraph H of this Article, bail may be allowed pending sentence if the maximum sentencewhichmaybeimposedsentence iswhichmaybeimposedisimprisonmentexceedingfiveyears,exceptwhenthecourt imprisonment exceedingfiveyears,exceptwhen 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.

AfterExceptasprovidedinParagraphHofthisArticle,aftersentenceand until final judgment, bail shall be allowed if a sentence of five years or less is Pageactually 1imposed. of 3 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-430 ENGROSSED HB NO.

58 actually imposed.

G.(1)Page Afterconviction1 of a2 capitalCODING: offense, a defendant shall not be allowed bail.

(2)(a)Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored Afterconvictionofanycrimepunishablebyimprisonmentfortwenty-are fiveadditions. years or more that is both a sex offense as defined in R.S.

15:541HB andNO. a crime of violence as defined in R.S.

14:2(B),58 thereENROLLED shallG.(1) beAfter aconviction rebuttable presumption that the release of the person convicted will pose a dangercapital tooffense,a anotherdefendantshall personnot orbe theallowed communitybail. and that there is a substantial risk that the person convicted might flee.

(2)(a) Afterconvictionofanycrimepunishablebyimprisonmentfortwenty- five years or more that is both either a sex offense and as defined in R.S.

15:541 or a crime of violence as defined in R.S.

14:2(B), there shall be a rebuttable presumption that the release of the person convicted will pose a danger to another personorthecommunityandthatthereisasubstantialriskthatthepersonconvicted might flee.

(i) "Crime"Crimeofviolence"means ofanyoffensedefined violence"meansor anyoffensedefinedorenumeratedasacrimeenumeratedasacrime of violence in R.S.

(ii)(ii)"Sex "Sex offense" means any offense that requires registration and notification pursuant to R.S.

PageSPEAKER 2OF ofTHE 3HOUSE CODING:OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscoredPage are2 additions.of 2 CODING:

HLS 26RS-430 ENGROSSED HB NO.

58 DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.

It constitutes nopart 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 58 Engrossed 2026 Regular Session Villio Abstract:

Prohibits post-conviction bail for offenders convicted of committing an aggravated offense against a victim who is a minor.

Present law provides for the right to bail before and after conviction.

Proposed law retains present law generally but provides that after conviction, a defendant shall not be allowed bail for anyaggravated offense as defined in present law (R.S.

15:541) that is committed against a victim who is a minor.

(Amends C.Cr.P.

Art.

312(E)-(H);

Adds C.Cr.P.

Art.

312(I)) Page 3 of 3 CODING: