2014 Louisiana Laws
Code of Criminal Procedure
CCRP 335.2 - Stalking; conditions of release

Art. 335.2. Stalking; conditions of release

A. In determining conditions of release of a defendant who is alleged to have committed the crime of stalking pursuant to the provisions of R.S. 14:40.2, the court shall consider whether the defendant poses a threat or danger to the victim. If the court determines that the defendant poses such a threat or danger, it shall require as a condition of bail that the defendant refrain from going to the residence or household of the victim, the victim's school, and the victim's place of employment, or otherwise contacting the victim in any manner whatsoever, and shall refrain from having any further contact with the victim.

B. A violation of the conditions of release may be punishable by the forfeiture of bail and issuance of a bench warrant for the arrest of the defendant or remanding the defendant to custody or a modification of the terms of bail.

C. If, as part of a bail restriction, an order is issued pursuant to the provisions of this Article, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2, shall sign such order, and shall forward it to the clerk of court for filing by the end of the next business day after the order is issued. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.

Acts 2012, No. 197, §3; Acts 2014, No. 317, §6.