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HLS 26RS-266 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 276
BY REPRESENTATIVE CARPENTER
BAIL: Authorizes a court to conduct a contradictory bail hearing prior to setting bail for a
person in custody who is charged with certain sexually based offenses against a child
under the age of eighteen
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 313(A)(2), relative to bail; to
3 provide relative to contradictory bail hearings; to provide for certain offenses that
4 authorize the setting of a contradictory bail hearing; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 313(A)(2) is hereby amended and
8 reenacted to read as follows:
9 Art. 313. Gwen's Law; bail hearings; detention without bail
10 A.
11 * * *
12 (2)(a) A contradictory bail hearing, as provided for in this Paragraph, may
13 be held prior to setting bail for a person in custody who is charged with any of the
14 following offenses:
15 (i) First degree rape (R.S. 14:42), when committed against a child under the
16 age of eighteen.
17 (ii) Second degree rape (R.S. 14:42.1), when committed against a child under
18 the age of eighteen.
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HLS 26RS-266 REENGROSSED
HB NO. 276
1 (iii) Third degree rape (R.S. 14:43), when committed against a child under
2 the age of eighteen.
3 (iv) Sexual battery (R.S. 14:43.1), when committed against a child under the
4 age of eighteen.
5 (v) Oral sexual battery (R.S. 14:43.3), when committed against a child under
6 the age of eighteen.
7 (vi) Human trafficking (R.S. 14:46.2), when committed against a child under
8 the age of eighteen.
9 (vii) Child sexual abuse materials (R.S. 14:81.1), when committed against
10 a child under the age of eighteen.
11 (viii) Molestation of a juvenile or a person with a physical or mental
12 disability (R.S. 14:81.2), when committed against a child under the age of eighteen.
13 (ix) Aggravated crime against nature (R.S. 14:89.1), when committed against
14 a child under the age of eighteen.
15 (x) domestic Domestic abuse battery, (R.S. 14:35.3).
16 (xi) violation Violation of protective orders, (R.S. 14:79).
17 (xii) stalking Stalking, (R.S. 14:40.2).
18 (xiii) or any Any felony offense involving the use or threatened use of force
19 or a deadly weapon upon any of the following:
20 (aa) the The defendant's family member, as defined in R.S. 46:2132 or upon
21 the.
22 (bb) The defendant's household member as defined in R.S. 14:35.3, or upon
23 the.
24 (cc) The defendant's dating partner, as defined in R.S. 46:2151.
25 (b) If the court orders a contradictory hearing, the hearing shall be held
26 within five days from the date of determination of probable cause, exclusive of
27 weekends and legal holidays. At the contradictory hearing, the court shall determine
28 the conditions of bail or whether the defendant should be held without bail pending
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HLS 26RS-266 REENGROSSED
HB NO. 276
1 trial. If the court decides not to hold a contradictory hearing, it shall notify the
2 prosecuting attorney prior to setting bail.
3 * * *
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 276 Reengrossed 2026 Regular Session Carpenter
Abstract: Authorizes a court to conduct a contradictory bail hearing prior to setting bail for
a person in custody who is charged with certain sexually-based offenses against a
child under the age of 18.
Present law authorizes a court to conduct a contradictory bail hearing prior to setting bail for
a person in custody who is charged with certain offenses.
Proposed law retains present law and authorizes a court to conduct a contradictory bail
hearing prior to setting bail for a person in custody who is charged with any of the following
offenses when committed against a child under the age of 18 years:
(1) First degree rape (R.S. 14:42).
(2) Second degree rape (R.S. 14:42.1).
(3) Third degree rape (R.S. 14:43).
(4) Sexual battery (R.S. 14:43.1).
(5) Oral sexual battery (R.S. 14:43.3).
(6) Human trafficking (R.S. 14:46.2)
(7) Child sexual abuse materials (R.S. 14:81.1).
(8) Molestation of a juvenile or a person with a physical or mental disability (R.S.
14:81.2).
(9) Aggravated crime against nature (R.S. 14:89.1).
Proposed law restructures present law.
(Amends C.Cr.P. Art. 313(A)(2))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Change the minimum initial bail amount from $50,000 to $1 million.
2. Add human trafficking as an offense for which a minimum initial amount of bail
is required.
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HLS 26RS-266 REENGROSSED
HB NO. 276
The House Floor Amendments to the engrossed bill:
1. Remove proposed law that requires each district court with criminal jurisdiction
in the state of La. to set an initial bail amount of not less than $1,000,000 for an
individual arrested for certain sexually-based offenses committed against a child
under the age of 18 years.
2. Authorize a court to set a contradictory bail hearing prior to setting bail for a
person in custody who is charged with certain sexually-based offenses committed
against a child under the age of 18 years.
3. Restructure provisions of present law (C.Cr.P. Art. 313(A)(2)).
4. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.