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HB769 • 2026

DOMESTIC ABUSE: Provides relative to the removal authority process with respect to domestic offenders

DOMESTIC ABUSE: Provides relative to the removal authority process with respect to domestic offenders

Crime Firearms
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Delisha Boyd
Last action
2026-05-29
Official status
Adopted in House concurrence
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how the cooling off period interacts with other legal processes beyond mentioning concurrent periods.

Domestic Abuse: Rules for Holding Offenders Without Bail

This bill changes Louisiana's laws to allow people charged with domestic abuse or related crimes to be held without bail for up to 72 hours but not less than 48 hours.

What This Bill Does

  • Changes the law so that someone arrested for domestic abuse can be kept in jail without bail for up to 72 hours, but not less than 48 hours.
  • Requires a court hearing within five days if the person is charged with certain crimes involving family members or household members.

Who It Names or Affects

  • People arrested for domestic abuse or related offenses
  • Courts and law enforcement agencies

Terms To Know

Contradictory bail hearing
A court hearing to decide if someone charged with a crime should be released on bail.
Cooling off period
The time when someone arrested for domestic abuse is held without bail, allowing the victim some safety and space from the offender.

Limits and Unknowns

  • Does not specify what happens if a court decides to hold a contradictory hearing.
  • It's unclear how this will affect victims of domestic abuse beyond the initial holding period.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Filed

Plain English: The amendment changes when the cooling off period for domestic abuse offenders starts and requires courts to consider factors that show an increased risk posed by the defendant.

  • Changes the start of the cooling off period from arrest to a determination of probable cause.
  • Requires the court to take into account any evidence showing the defendant poses a higher risk to the victim, their family, or the public.
  • The amendment text does not specify all details about how these changes will be implemented in practice.
Adopted

Plain English: The amendment changes a word and adds an asterisk symbol to the bill text related to domestic abuse removal authority.

  • Changes 'shall' to 'may' on page 2, line 3 of the bill.
  • Adds '* * *' after line 9 on page 2.
  • The meaning and impact of adding '* * *' is unclear without further context.
Adopted

Plain English: The amendment adds a new section to the bill by inserting text after a specific line on page 2, but does not provide details about what that inserted text is.

  • Adds a placeholder '* * *' after line 9 on page 2 of the bill.
  • The amendment only indicates where new text should be added but does not specify what the new text will be, making it unclear what changes are being made.
Adopted

Plain English: The amendment adds a new sentence to the bill, stating that a holding period for domestic offenders runs at the same time as another specified period under the Code of Criminal Procedure.

  • Adds language to ensure that the holding period for domestic offenders overlaps with the period outlined in Article 230.1 of the Code of Criminal Procedure.
  • The amendment text does not provide details about what specific actions or processes are affected by this concurrent holding period, which may require further clarification from legal experts.
Filed

Plain English: The amendment to HB 769 involves agreeing with changes made by the Senate regarding the process for removing authority from individuals involved in domestic abuse cases.

  • The House agrees to adopt amendments proposed by the Senate that relate to the removal of authority or rights from people who commit domestic abuse.
  • The official amendment text does not provide specific details about what changes were made by the Senate, so it is unclear exactly how the process for removing authority will be altered.
Adopted

Plain English: The amendment changes how long someone accused of certain crimes related to domestic abuse can be held without bail, and it adds factors that courts must consider when deciding if this holding period should apply.

  • Removes the existing text after 'bail.' on page 2, line 2.
  • Adds new rules allowing a person charged with specific crimes related to domestic abuse to be held without bail for up to 72 hours if probable cause is found.
  • Specifies that courts must consider factors like stalking, use of weapons, or threats when deciding whether to impose the holding period.
  • The amendment text uses complex legal language which might not be fully clear without additional context.
Draft

Plain English: The amendment changes how long someone accused of certain crimes related to domestic abuse can be held without bail, and it adds factors that courts must consider when deciding if this holding period should apply.

  • Adds a new section allowing people charged with specific crimes to be held without bail for up to 72 hours after probable cause is determined.
  • Specifies that the court must consider any increased risk to victims, such as stalking or use of deadly weapons, when deciding on this holding period.
  • The amendment text uses complex legal language like 'Subsubparagraph' which makes it hard to fully explain without additional context.
  • It's unclear how this change will affect existing laws and procedures for bail determinations in domestic abuse cases.

Bill History

  1. 2026-05-29 H

    Read by title, roll called, yeas 97, nays 0, Senate amendments concurred in.

  2. 2026-05-27 H

    Scheduled for concurrence on 05/29/2026.

  3. 2026-05-26 H

    Received from the Senate with amendments.

  4. 2026-05-26 S

    Rules suspended. The amended bill was read by title, passed by a vote of 36 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

  5. 2026-05-21 S

    Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

  6. 2026-05-20 S

    Committee amendments read and adopted. Read by title and referred to the Legislative Bureau.

  7. 2026-05-19 S

    Reported with amendments.

  8. 2026-05-13 S

    Read second time by title and referred to the Committee on Judiciary C.

  9. 2026-05-12 S

    Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

  10. 2026-05-11 H

    Read third time by title, amended, roll called on final passage, yeas 94, nays 5. Finally passed, title adopted, ordered to the Senate.

  11. 2026-05-07 H

    Scheduled for floor debate on 05/11/2026.

  12. 2026-05-07 H

    Read by title, amended, ordered engrossed, passed to 3rd reading.

  13. 2026-05-06 H

    Reported with amendments (10-0).

  14. 2026-03-09 H

    Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

  15. 2026-02-27 H

    First appeared in the Interim Calendar on 2/27/2026.

  16. 2026-02-27 H

    Under the rules, provisionally referred to the Committee on Administration of Criminal Justice.

  17. 2026-02-27 H

    Prefiled.

Official Summary Text

DOMESTIC ABUSE: Provides relative to the removal authority process with respect to domestic offenders

Current Bill Text

Read the full stored bill text 
HLS 26RS-1158 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 769
BY REPRESENTATIVE BOYD
DOMESTIC ABUSE: Provides relative to the removal authority process with respect to
domestic offenders
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 313(A)(2), relative to arrests
3 made for domestic abuse; to provide for minimum holding periods; and to provide
4 for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 313(A)(2) is hereby amended and
7 reenacted to read as follows:
8 Art. 313. Gwen's Law; bail hearings; detention without bail
9 A.
10 * * *
11 (2)(a) A contradictory bail hearing, as provided for in this Paragraph, may
12 be held prior to setting bail for a person in custody who is charged with domestic
13 abuse battery, violation of protective orders, stalking, or any felony offense involving
14 the use or threatened use of force or a deadly weapon upon the defendant's family
15 member, as defined in R.S. 46:2132 or upon the defendant's household member as
16 defined in R.S. 14:35.3, or upon the defendant's dating partner, as defined in R.S.
17 46:2151. If the court orders a contradictory hearing, the hearing shall be held within
18 five days from the date of determination of probable cause, exclusive of weekends
19 and legal holidays. At the contradictory hearing, the court shall determine the
20 conditions of bail or whether the defendant should be held without bail pending trial.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1158 REENGROSSED
HB NO. 769
1 If the court decides not to hold a contradictory hearing, it shall notify the prosecuting
2 attorney prior to setting bail. Regardless of whether the court decides to hold a
3 contradictory hearing, a person charged with any crime listed in this Paragraph may
4 be held without bail for not less than forty-eight nor more than seventy-two hours
5 following the arrest. This holding period runs concurrently with the time period
6 provided in Code of Criminal Procedure Article 230.1.
7 (b) The forty-eight to seventy-two hour holding without bail provided in
8 Paragraph (2) of this Subsection may be referred to as a "cooling off" period for the
9 benefit of the victim.
10 * * *
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 769 Reengrossed 2026 Regular Session Boyd
Abstract: Authorizes a person charged with domestic abuse battery to be held without bail
for at least 48 hours but not more than 72 hours.
Present law provides relative to bail in domestic abuse battery matters, violations of
protective orders, stalking, and any felony offense involving the use or threatened use of
force against a family member.
Present law provides for a contradictory bail hearing and conditions under which bail may
be granted.
Proposed law retains present law.
Proposed law provides that regardless of whether the court grants a contradictory hearing,
a person charged with the crimes listed in present law (C.Cr.P. Art. 313) may be held
without bail between 48 and 72 hours.
Proposed law provides that the 48- to 72-hour period provided in proposed law runs
concurrently with the 72-hour maximum period in present law (C.Cr.P. Art. 230.1) for
appearance before a judge for the purpose of appointment of counsel.
(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:
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1158 REENGROSSED
HB NO. 769
1. Provide that the 48- to 72-hour period in proposed law runs concurrently with the
72-hour maximum period in present law (C.Cr.P. Art. 230.1) for appearance
before a judge for the purpose of appointment of counsel.
The House Floor Amendments to the engrossed bill:
1. Make the proposed law holding period permissive rather than mandatory.
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.