2015 Louisiana Laws
Code of Criminal Procedure
CCRP 336.1 - Conditions of release on bail; aggravated or first degree rape

LA Code Crim Pro 336.1 (2015) What's This?

Art. 336.1. Conditions of release on bail; aggravated or first degree rape

            A. In making a determination relative to the granting of release or the conditions of such release of a defendant who is alleged to have committed the offense of aggravated or first degree rape as provided in R.S. 14:42(A)(4), the court shall take into consideration the previous criminal record of the defendant; 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; and any statistical evidence prepared by the United States Department of Justice relative to the likelihood of such defendant or any person in general who has raped or molested victims under the age of thirteen years to commit sexual offenses against a victim under the age of thirteen in the future.

            B. Any person who is indicted for the crime of aggravated or first degree rape as provided in R.S. 14:42 shall, as a condition of bail, be required 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 of the home and 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 the defendant to custody or a modification of the terms of bail.

            Acts 2003, No. 795, §1; Acts 2015, No. 184, §6.

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