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Committee amends bail bill for crimes against minors, raising statutory minimum to $1 million
Summary
Representative Carpenter's HB 276, which proposed a minimum initial bail for enumerated offenses against minors, was amended in committee to raise the statutory minimum from $50,000 to $1,000,000 for qualifying offenses; the measure was reported favorably as amended after debate on judicial discretion and constitutionality.
Representative Carpenter presented House Bill 2 76 as a statewide minimum-bail schedule for certain offenses committed against victims under 18, saying the bill would "require all district courts with criminal jurisdiction to set an initial bail amount of no less than $50,000" for enumerated offenses. The author emphasized that courts must still consider Code of Criminal Procedure Article 316 factors, including seriousness of the offense and ability to pay.
Victim advocates and a mother whose family experienced trafficking testified in support. Dr. Willie Brooks, an Internet-safety and anti-human-trafficking instructor, said higher initial bail provides a pause "in the cycle of exploitation" and gives time for victims and investigators to secure evidence. Representative Boudreaux and Representative Wiley urged higher benchmarks than $50,000 based on local averages; Representative Fontenot and other members raised constitutional concerns about the Eighth Amendment and judges—discretion.
Zach Daniels of the Louisiana District Attorneys Association told the committee that a fixed statutory baseline can be used by defense or courts to argue about reasonable amounts, and urged clear legislative language preserving judicial discretion. In response, staff offered an amendment to change the specified minimum to $1,000,000 for the enumerated offenses; staff read the amended language that each district court "shall set an initial bail amount of not less than $1,000,000" when applicable. After no objection to placing the amendment on the bill the committee reported HB 276 favorably as amended.
The author noted willingness to work with DAs and other stakeholders on floor amendments, and members said they expect further negotiation about appropriate benchmarks as the bill moves toward the floor.
