Read the full stored bill text
HLS 26RS-1396 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 974
BY REPRESENTATIVE WILFORD CARTER
BAIL: Provides for the factors in fixing the amount of bail and modifications of bail
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Articles 316(9) and (10) and 319(A) and
3 to enact Code of Criminal Procedure Article 316(11), relative to bail; to provide
4 relative to factors in fixing the amount of bail; to provide relative to fixing the
5 amount of bail; to provide for the consideration of the presumption of innocence; to
6 provide relative to modification of bail; to provide relative to motions filed to reduce
7 the amount of bail; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Articles 316(9) and (10) and 319(A) are
10 hereby amended and reenacted and Code of Criminal Procedure Article 316(11) is hereby
11 enacted to read as follows:
12 Art. 316. Factors in fixing amount of bail
13 The amount of bail shall be fixed in an amount that will ensure the presence
14 of the defendant, as required, and the safety of any other person and the community,
15 having regard to:
16 * * *
17 (9) The presumption of innocence until the defendant is proven guilty.
18 (9)(10) Any other circumstances affecting the probability of the defendant's
19 appearance.
20 (10)(11) The type or form of bail.
21 * * *
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1396 ORIGINAL
HB NO. 974
1 Art. 319. Modifications of bail
2 A.(1) The court having trial jurisdiction over the offense charged, on its own
3 motion or on motion of the prosecuting attorney or defendant, for good cause, may
4 either increase or reduce the amount of bail, or require new or additional security.
5 For purposes of this Article, good cause for increase of bail specifically includes but
6 is not limited to the rearrest of the defendant on offenses alleged to have been
7 committed while out on a bail undertaking. The modification of any bail order
8 wherein a bail undertaking has been posted by a criminal defendant and his sureties
9 shall upon the modification terminate the liability of the defendant and his sureties
10 under the previously existing bail undertaking. A new bail undertaking must shall
11 be posted in the amount of the new bail order.
12 (2) When a motion to reduce the amount of bail is filed, the motion shall be
13 heard no later than thirty days after the motion is filed unless good cause is shown
14 by the state or the court.
15 * * *
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 974 Original 2026 Regular Session Wilford Carter
Abstract: Requires consideration be given to the presumption of innocence until the
defendant is proven guilty when setting the amount of bail, and provides relative to
the filing of motions to reduce the amount of bail.
Present law (C.Cr.P. Art. 316) requires bail to be fixed in an amount that will ensure the
presence of the defendant, as required, and the safety of any other person and the
community.
Present law lists factors to be considered in fixing the amount of bail, such as the seriousness
of the offense charged, the weight of evidence, previous criminal record, ability to give bail,
and other considerations.
Proposed law retains present law and requires consideration of the presumption of innocence
until the defendant is proven guilty.
Present law (C.Cr.P. Art. 319) relative to modifications of bail, authorizes the court, on its
own motion or on motion of either party, for good cause, to increase or reduce the amount
of bail or to require new or additional security.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1396 ORIGINAL
HB NO. 974
Proposed law retains present law and provides that when a motion to reduce the amount of
bail is filed, the motion is required to be heard no later than 30 days after the motion is filed
unless good cause is shown by the state or the court.
(Amends C.Cr.P. Arts. 316(9) and (10) and 319(A); Adds C.Cr.P. Art. 316(11))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.