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HLS 26RS-430 ENGROSSED Regular Session HOUSE BILL NO.
ENROLLED Regular Session HOUSE BILL NO.
58 BY REPRESENTATIVE VILLIO BAIL:
58 BY REPRESENTATIVE VILLIO 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 amended and reenactedand Code of Criminal ProcedureArticle 312(I) is herebyenactedto read as follows:
Code of Criminal Procedure Article 312(E) through (H) are hereby amendedand 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,bailshallbeallowedifthemaximumsentencewhich may be imposed is imprisonment for five years or less.
After Except as provided in Paragraph H of this Article, after conviction and before sentence, bail shall be allowed if the maximum sentence which may be imposedisimprisonmentforfiveyearsorless.
Bail Except as provided in Paragraph H of this Article, bail may be allowed pending sentence if the maximum sentencewhichmaybeimposed is 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.
BailExceptasprovidedinParagraph H of this Article, bail may be allowed pending sentence if the maximum sentence whichmaybeimposedisimprisonmentexceedingfiveyears,exceptwhenthecourt 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 Page 1 of 3 CODING:
AfterExceptasprovidedinParagraphHofthisArticle,aftersentenceand until final judgment, bail shall be allowed if a sentence of five years or less is actually imposed.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-430 ENGROSSED HB NO.
58 actually imposed.
G.(1) Afterconviction of a capital offense, a defendant shall not be allowed bail.
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(2)(a) Afterconvictionofanycrimepunishablebyimprisonmentfortwenty- five years or more that is both a sex offense as defined in R.S.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
15:541 and a crime of violence as defined in R.S.
HB NO.
14:2(B), there shall be a rebuttable presumption that the release of the person convicted will pose a danger to another person or the community and that there is a substantial risk that the person convicted might flee.
58 ENROLLED G.(1) After conviction of a capital offense,a defendantshall not be allowed bail.
(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 of violence"means anyoffensedefinedorenumeratedasacrime of violence in R.S.
(i) "Crimeofviolence"means anyoffensedefined or enumeratedasacrime of violence in R.S.
(ii) "Sex offense" means any offense that requires registration and notification pursuant to R.S.
(ii)"Sex offense" means any offense that requires registration and notification pursuant to R.S.
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SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
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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:
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