HB 974

HLS 26RS-1396  ORIGINAL
 2026 Regular Session
 HOUSE BILL NO. 974
 BY REPRESENTATIVE WILFORD CARTER
 BAIL: Provides for the factors in fixing the amount of bail and modifications of bail
1AN ACT
2 To amend and reenact Code of Criminal Procedure Articles 316(9) and (10) and 319(A) and
3to enact Code of Criminal Procedure Article 316(11), relative to bail; to provide
4relative to factors in fixing the amount of bail; to provide relative to fixing the
5amount of bail; to provide for the consideration of the presumption of innocence; to
6provide relative to modification of bail; to provide relative to motions filed to reduce
7the amount of bail; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9Section 1. Code of Criminal Procedure Articles 316(9) and (10) and 319(A) are
10 hereby amended and reenacted and Code of Criminal Procedure Article 316(11) is hereby
11 enacted to read as follows:
12Art. 316. Factors in fixing amount of bail
13The amount of bail shall be fixed in an amount that will ensure the presence
14of the defendant, as required, and the safety of any other person and the community,
15having regard to:
16*       *  *
17(9) The presumption of innocence until the defendant is proven guilty.
18(9)(10) Any other circumstances affecting the probability of the defendant's
19appearance.
20(10)(11) The type or form of bail.
21*       *  *
  Page 1 of 3
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-1396  ORIGINAL
  HB NO. 974
1Art. 319. Modifications of bail
2A.(1) The court having trial jurisdiction over the offense charged, on its own
3motion or on motion of the prosecuting attorney or defendant, for good cause, may
4either increase or reduce the amount of bail, or require new or additional security.
5For purposes of this Article, good cause for increase of bail specifically includes but
6is not limited to the rearrest of the defendant on offenses alleged to have been
7committed while out on a bail undertaking. The modification of any bail order
8wherein a bail undertaking has been posted by a criminal defendant and his sureties
9shall upon the modification terminate the liability of the defendant and his sureties
10under the previously existing bail undertaking. A new bail undertaking must shall
11be posted in the amount of the new bail order.
12(2) When a motion to reduce the amount of bail is filed, the motion shall be
13heard no later than thirty days after the motion is filed unless good cause is shown
14by the state or the court.
15*       *  *
  DIGEST
 The digest printed below was prepared by House Legislative Services. It constitutes no part
 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 974 Original  2026 Regular Session  Wilford Carter
 Abstract: Requires consideration be given to the presumption of innocence until the
  defendant is proven guilty when setting the amount of bail, and provides relative to
  the filing of motions to reduce the amount of bail.
 Present law (C.Cr.P. Art. 316) requires bail to be fixed in an amount that will ensure the
 presence of the defendant, as required, and the safety of any other person and the
 community.
 Present law lists factors to be considered in fixing the amount of bail, such as the seriousness
 of the offense charged, the weight of evidence, previous criminal record, ability to give bail,
 and other considerations.
 Proposed law retains present law and requires consideration of the presumption of innocence
 until the defendant is proven guilty.
 Present law (C.Cr.P. Art. 319) relative to modifications of bail, authorizes the court, on its
 own motion or on motion of either party, for good cause, to increase or reduce the amount
 of bail or to require new or additional security.
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 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
HLS 26RS-1396  ORIGINAL
  HB NO. 974
Proposed law retains present law and provides that when a motion to reduce the amount of
bail is filed, the motion is required to be heard no later than 30 days after the motion is filed
unless good cause is shown by the state or the court.
(Amends C.Cr.P. Arts. 316(9) and (10) and 319(A); Adds C.Cr.P. Art. 316(11))
  Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.