Art. 930.5. Custody pending retrial; bail
A. If a court grants relief under an application for post conviction relief, the court shall order that the petitioner be held in custody pending a new trial.
B. In such a case, the petitioner shall be entitled to bail on the offense as though he has not been convicted of the offense.
C. The provisions of Paragraph B of this Article do not apply until a judgment granting post-conviction relief becomes final. If relief is granted, the effect of that judgment shall be stayed until either of the following occurs:
(1) The time period to invoke the supervisory jurisdiction of the Louisiana Supreme Court has expired.
(2) The Louisiana Supreme Court, after receipt of a timely application, has taken final action on the matter.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2025, No. 393, §1; Acts 2026, No. 54, §1.