WeVote
Log In

Bill

Bill

HB 276

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

2026 Regular Session Introduced by Barbara Carpenter

Louisiana HB 276 would establish a statewide minimum bail for certain offenses involving minors, setting a baseline (either $50,000 or $1,000,000 per amendments) while requiring co

Read second time by title and referred to the Committee on Judiciary C.
0
WeVote Research Nonpartisan
Bill Summary · HB 276

Summary of Bill HB 276 (2026) – Louisiana

Purpose and Intent

HB 276 seeks to establish a statewide framework for bail in cases involving certain sexual offenses against children. The bill aims to set a baseline bail amount for related offenses and to ensure that district courts apply a uniform starting point when assessing pretrial release for these offenses, while still allowing consideration of statutory factors under existing law.

Key Provisions and Changes

  • New statewide starting bail amount: Each district court with criminal jurisdiction in Louisiana must set an initial bail amount of at least $50,000 for individuals arrested for specific offenses when the alleged victim is under 18 years old. The offenses covered are:

    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. Child sexual abuse materials (R.S. 14:81.1)
    7. Molestation of a juvenile or a person with a physical or mental disability (R.S. 14:81.2)
    8. Aggravated crime against nature (R.S. 14:89.1)

  • Consideration of existing bail factors: Before fixing the initial bail amount, the court must consider the factors outlined in the Louisiana Code of Criminal Procedure (C.Cr.P. Art. 316). This ensures that the baseline does not automatically override individual circumstances.

  • Statutory addition: The amendments add a new procedural provision to C.Cr.P. Article 315(D) to implement the above statewide starting point and process.

  • Scope clarification: The bill retains existing law authorizing schedules of bail and allowing certain courts to fix bail amounts in specific cases, but it imposes a statewide minimum for the listed offenses involving minors.

  • Amendments adopted by committee (House Committee on Administration of Criminal Justice):

    • Change the baseline amount from $50,000 to $1,000,000 in the amendment (Note: The original digest states $50,000; the committee amendments indicate an elevated minimum to $1,000,000. The final text to be reconciled would reflect which amount is enacted in the adopted version.)
    • Adds the offense of human trafficking (R.S. 14:46.2) to the list of offenses considered, under the amended language.

Note: The document provided shows committee amendments changing the baseline to $1,000,000 and adding human trafficking to the list. The digest references the $50,000 baseline as originally proposed. The enacted bill will reflect the version that passes or the final inserted text.

Who Would Be Affected

  • Defendants arrested for the listed offenses where the alleged victim is under 18.
  • District courts with criminal jurisdiction across Louisiana, which would implement the new minimum bail starting point and apply statutory bail factors.
  • Victims and the public by potentially influencing pretrial detention rates and pretrial release decisions in serious offenses involving minors.

Procedural and Timeline Considerations

  • Effective process: Upon arrest for any listed offense against a minor (and potentially human trafficking per amendments), the district court must set an initial bail amount at the specified minimum, after considering C.Cr.P. Art. 316 factors.
  • Legal citation changes: The bill would add a new provision to C.Cr.P. Article 315(D) to codify the statewide bail schedule framework for these offenses.
  • Status and history:
    • Reported with amendments in the 2026 Regular Session (April 28, 2026).
    • Initial appearance in the Interim Calendar on February 27, 2026.
    • Prefiled on February 23, 2026.
  • Sponsors: Representative Barbara Carpenter (co-sponsor) and the House Committee on Administration of Criminal Justice authored the amendments.

Important Considerations for Readability and Implementation

  • The precise minimum bail amount may be either $50,000 (per original text) or $1,000,000 (per committee amendments). The final enacted bill text will determine the actual baseline.
  • The addition of human trafficking to the offenses list (per amendments) expands the scope of the statewide bail schedule.
  • Courts will still apply the existing bail-factor framework (C.Cr.P. Art. 316) before fixing the initial amount, ensuring individual circumstances are weighed.

If you’d like, I can provide a side-by-side comparison of the original bill text versus the committee amendments once the final enacted language is available.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.