2014 Louisiana Laws
Code of Criminal Procedure
CCRP 330.3 - Bail hearing for felony offenses against a family or household member or dating partner; detention

Art. 330.3. Bail hearing for felony offenses against a family or household member or dating partner; detention

A. This Section may be cited as and referred to as "Gwen's Law".

B. A contradictory bail hearing, as provided for in this Article, shall be held prior to setting bail for a person in custody who is charged with a felony offense against the defendant's family or household member, as defined in R.S. 46:2132, or against the defendant's dating partner, as defined in R.S. 46:2151.

C. The court shall order a contradictory hearing to be held within five days, exclusive of weekends and legal holidays.

D. At the contradictory hearing the court, in addition to hearing whatever evidence it finds relevant, shall, with the consent of the prosecuting attorney, perform an ex parte examination of the evidence against the accused.

E. In addition to the factors listed in Article 334 of this Code, the court shall take into consideration the previous criminal record of the defendant and any potential threat or danger the defendant poses to the victim, the family of the victim, or to any member of the public, especially children. The court also shall perform a risk assessment that will give ample consideration to risk factors including substance abuse, gun ownership, record of violence, employment status, prior threats with a dangerous weapon, threats to kill, forced sex, choking, control of daily activities, threats of suicide, threats to harm children, and any other relevant factors.

F. Following the contradictory hearing, upon proof by clear and convincing evidence either that the defendant might flee, or that the defendant poses a threat or danger to the victim, or that the defendant poses an imminent danger to any other person or the community, the judge or magistrate may order the defendant held without bail pending trial.

G. If bail is granted following the contradictory hearing, as a condition of bail the court may require a defendant to wear an electronic monitoring device and to be placed under active electronic monitoring. The conditions of the electronic monitoring shall be determined by the court and may include, but not be limited to, limitation of the defendant's activities outside the home and a curfew. The defendant may be required to pay a reasonable supervision fee to the supervising agency to defray the cost of the required electronic monitoring. A violation of the conditions of bail may be punishable by the forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding of the defendant to custody or a modification of the terms of bail.

Acts 2014, No. 318, §1.