HB 769 — DOMESTIC ABUSE: Provides relative to the removal authority process with respect to domestic offenders

HLSENROLLED 26RS-1158 REENGROSSED Regular Session HOUSE BILL NO.

769 BY REPRESENTATIVE BOYD DOMESTICAN ABUSE:ACT To amend and reenact Code of Criminal Procedure Article 313(A)(2), relative to arrests made for domestic abuse;

Provides relative to the removal authority process with respect to domestic offenders AN ACT To amend and reenact Code of Criminal Procedure Article 313(A)(2), relative to arrests made for domestic abuse;

PageIfthecourtdecidesnottoholdacontradictoryhearing,itshallnotifytheprosecuting 1attorney ofprior 3to CODING:setting bail.

(b) Notwithstanding the provisions of Subsubparagraph (a) of this Subparagraph,a person charged with any crime listed in this Paragrawhom ad for determinationofprobablecause has been made, maybe held without bail for not less than forty-eight hours nor more than seventy-two hours follodetermination of Page 1 of 2 CODING:

HLS 26RS-1158 REENGROSSED HB NO.

769 Ifthecourtdecidesnottoholdacontradictoryhearing,itshallnotifytheprosecutingENROLLED attorneyprobable priorcause. to setting bail.

RegardlessThis ofholding whetherperiod theshall courtrun decidesconcurrentlywithtime toperiod holdprovided a contradictoryhearing, a person charged with anycrime listed in thisArticle Paragraph230.1. may be held without bail for not less than forty-eight nor more than seventy-two hours following the arrest.

This(c) In deciding whether to impose the holding period runsauthorized concurrentlyby withSubsubparagraph (b) of this Subparagraph, the timecourt periodshall providedconsider inany Codefacts presented that indicate an increased risk to the victim, including but not limited to stalking, strangulation, violation ofaprotectiveorder,use or threateneduse of Criminalforce Procedureor Articlea 230.1.deadly weapon, serious bodily injury, or documented threats to the victim, the victim's family, or the public.

(b)(d) The forty-eight to seventy-two hour holding withoutperiod bail provided for in ParagraphSubsubparagraph (2)(b) of this SubsectionSubparagraph maybemay be referred to as a "cooling off" period for the benefit of the victim.

* * * DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes2 nopart of the2 legislativeCODING: 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 769 Reengrossed 2026 Regular Session Boyd Abstract:

Authorizes a person charged with domestic abuse batteryto be held without bail for at least 48 hours but not more than 72 hours.

Present law provides relative to bail in domestic abuse battery matters, violations of protective orders, stalking, and any felony offense involving the use or threatened use of force against a family member.

Present law provides for a contradictory bail hearing and conditions under which bail may be granted.

Proposed law retains present law.

Proposed law provides that regardless of whether the court grants a contradictory hearing, a person charged with the crimes listed in present law (C.Cr.P.

Art.

313) may be held without bail between 48 and 72 hours.

Proposed law provides that the 48- to 72-hour period provided in proposed law runs concurrently with the 72-hour maximum period in present law (C.Cr.P.

Art.

230.1) for appearance before a judge for the purpose of appointment of counsel.

(Amends C.Cr.P.

Art.

313(A)(2)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill:

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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-1158 REENGROSSED HB NO.

769 1.

Providethatthe48-to72-hourperiodinproposedlawrunsconcurrentlywiththe 72-hour maximum period in present law (C.Cr.P.

Art.

230.1) for appearance before a judge for the purpose of appointment of counsel.

The House Floor Amendments to the engrossed bill:

1.

Make the proposed law holding period permissive rather than mandatory.

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