Louisiana considers banning bail for those convicted of crimes against minors

Louisiana voters could remove the power of judges to grant bail to persons convicted of certain crimes with minors as victims. 

Constitutional Amendment 3, one of 10 proposed changes on the Nov. 3 ballot, was proposed by Rep. Debbie Villio, R-Kenner, who chairs the House Criminal Justice Committee. 

Post-conviction bail can be granted at a judge’s discretion before the convicted person reports to prison, such as when their case is on appeal or they haven’t been sentenced yet. Judges are currently allowed to grant bail except when someone is charged with an offense that’s punishable by death and there is a high degree of evidence of their guilt. 

An alleged perpetrator could also be ineligible for bail if a judge determines they are a high flight risk or pose a danger to the public, according to the Public Affairs Research Council. 

If Amendment 3 passes, judges would no longer be allowed to grant bail for persons convicted of certain crimes in which the victim is under age 18. The offenses include rape and other sex crimes, kidnapping and human trafficking. 

In a written statement, Villio said she filed the bill following two recent incidents of child sexual abusers being granted bail, one who lived near his victim and another who is now on the run. 

“Judges should generally have discretion over post conviction bail,” Villio said. “But when a convicted child rapist could harm our most vulnerable population, our children, release should never be an option.” 

Villio’s bill easily passed the legislature with just one legislator, Sen. Sam Jenkins, D-Shreveport, in opposition. In an interview, Jenkins said his vote against the bill was accidental and that he supports the amendment. 

There was little to no discussion of the proposal at any stage of the legislative process. 

The Power Coalition, a group of progressive advocacy organizations, is in opposition to the amendment. 

“Judges should be able to look at each case. Our justice system makes mistakes, and appeals are an important part of due process,” the organization wrote in its voter guide. 

Leaders for a Better Louisiana, a civic organization that primarily advocates for education and fiscal issues, is neutral on the amendment.