Amendment vs bill Senate Floor Amendment, #3145, Morris, Jay, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SFAHB58 4769 3145 SENATE FLOOR AMENDMENTS Regular Session AmendmentsproposedbySenatorMorristoEngrossedHouseBillNo.58byRepresentative Villio AMENDMENT NO.
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;
1 On page 2, delete line 10 and insert "five years or more that is both either a sex offense and as defined in R.S.
to prohibit bail after conviction for certain offenders;
15:541 or a crime" Page 1 of 1
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
Code of Criminal Procedure Article 312(E) through (H) are hereby amendedand reenactedand Code of Criminal ProcedureArticle 312(I) is herebyenactedto read as follows:
Art.
312.
Right to bail before and after conviction * * * E.
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.
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.
F.
AfterExceptasprovidedinParagraphHofthisArticle,aftersentenceand until final judgment, bail shall be allowed if a sentence of five years or less is actually imposed.
Bail Except as provided in Paragraph H of this Article, bail may be allowed after sentence and until final judgment if the sentence actuallyimposed exceeds imprisonment for five years, except when 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.
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HB NO.
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.
(b) For purposes of this Paragraph:
(i) "Crimeofviolence"means anyoffensedefined or enumeratedasacrime of violence in R.S.
14:2(B).
(ii)"Sex offense" means any offense that requires registration and notification pursuant to R.S.
15:540 et seq.
H.
After conviction, a defendant shall not be allowed bail for any of the following offenses:
(1) A capital offense.
(2) Any aggravated offense as defined in R.S.
15:541 that is committed against a victim who is a minor.
H.
I.
A person held without bail or unable to post bail may invoke the supervisory jurisdiction of the court of appeal on a claim that the trial court has improperly refused bail or a reduction of bail in a bailable case.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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