2014 Louisiana Laws
Code of Criminal Procedure
CCRP 334.4 - Arrest for certain crimes; release on own recognizance prohibited
Art. 334.4. Arrest for certain crimes; release on own recognizance prohibited
A. Notwithstanding any other provision of law to the contrary, any defendant who has been arrested for any of the following crimes shall not be released by the court on the defendant's own recognizance or on the signature of any other person:
(1) R.S. 14:32.1 (vehicular homicide).
(2) R.S. 14:40.3 (cyberstalking), if the person has two prior convictions for the same offense.
(3) R.S. 14:44.2 (aggravated kidnapping of a child).
(4) Repealed by Acts 2014, No. 194, §3.
(5) R.S. 14:87.1 (killing a child during delivery).
(6) R.S. 14:87.2 (human experimentation).
(7) R.S. 14:93.3 (cruelty to persons with infirmities), if the person has a prior conviction for the same offense.
(8) R.S. 14:98 (operating a vehicle while intoxicated), if the person has a prior conviction for the same offense.
(9) R.S. 14:102.1(B) (aggravated cruelty to animals).
(10) R.S. 14:102.8 (injuring or killing of a police animal).
(11) The production, manufacturing, distribution, or dispensing or the possession with the intent to produce, manufacture, distribute or dispense a controlled dangerous substance in violation of R.S. 40:966(B), 967(B), 968(B), 969(B), or 970(B) of the Uniform Controlled Dangerous Substances Law.
B. There shall be a rebuttable presumption that any defendant who has previously been released on his own recognizance or on the signature of any other person on a felony charge, and who has either been arrested for a new felony offense or has at any time failed to appear in court on a felony offense after having been notified in open court, shall not be released on his own recognizance or on the signature of any other person. This presumption may be overcome if the judge determines, after contradictory hearing in open court, that a review of the relevant factors warrants this type of release. The hearing shall take place within thirty days of the defendant's release.
Acts 2012, No. 773, §1; Acts 2013, No. 261, §1; Acts 2014, No. 194, §3; Acts 2014, No. 811, §31, eff. June 23, 2014.
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