House Bill No. 498, introduced by Representative Stefanski, establishes a mandatory minimum bail amount for certain violent crimes in Louisiana. The bill enacts Code of Criminal Procedure Article 315.1, which mandates that courts set an initial bail of no less than $50,000 for crimes of violence, and $100,000 if a firearm was used during the commission of the crime. Additionally, judges are required to provide written findings of fact and conclusions of law if they decide to set bail below these amounts. However, the provisions of this article do not apply to defendants charged with crimes of violence that legally prohibit bail.
The bill aims to ensure that bail amounts reflect the severity of violent offenses while allowing for judicial discretion in exceptional cases. The amendments adopted by the House Committee on Administration of Criminal Justice modified the original proposal by removing the requirement for defendants to prove that the mandatory minimum bail violates existing factors and adjusting the minimum bail amounts to be lower than initially proposed. This legislation seeks to enhance public safety by imposing stricter bail requirements for violent offenders.