CCRP 957 - Bail during emergency sessions of court; selected offenses - Louisiana Statutes

Art. 957. Bail during emergency sessions of court; selected offenses

A. Notwithstanding any other provision of law to the contrary, an affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 may release a defendant on bail through an unsecured personal surety as authorized by Article 317, without proof of a security interest pursuant to the provisions of this Article.

B. The provisions of this Article shall not apply to any defendant who has been arrested for any of the following offenses:

(1) A crime of violence as defined in R.S. 14:2(B).

(2) A sex offense as defined in R.S. 15:541.

(3) A felony offense, an element of which includes the discharge, use, or possession of a firearm.

(4) A violation of R.S. 14:98, operating a vehicle while intoxicated, or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, while impaired, or while under the influence of alcohol or any controlled dangerous substance.

C. The affected court may release a defendant on bail through a personal surety without proof of a security interest as required by Article 319 if all of the following conditions are met:

(1) The defendant was arrested for an offense which is not excluded by Paragraph B of this Article.

(2) The personal surety meets the requirements of Articles 315 and 318 for a secured personal surety.

(3) Proof of a security interest cannot be obtained due to emergency or disaster circumstances as provided for in Article 944.

(4) The court requires that the unsecured surety be converted to a commercial surety or secured personal surety as soon as proof of a security interest can be obtained, or within thirty days of issuance of the unsecured bail, whichever occurs earlier. If proof of a security interest cannot be obtained due to emergency or disaster circumstances, the court may extend the period to obtain proof of the security interest for additional thirty-day increments as determined to be necessary by the court.

D. The provisions of this Article shall not be construed to limit the constitutional right to bail or the inherent authority of the court to set bail.

Acts 2010, No. 141, §1.