HLS 10RS-789 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 286
BY REPRESENTATIVE BURRELL
(On Recommendation of the Louisiana State Law Institute)
CRIMINAL/BAIL: Provides for a comprehensive revision of the law regarding bail
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 312, 313, 315, 318, 319, 322(A),2
(B), and (C), 326(B), 330.2(E), 332(A), 334.1, 334.3(A)(2), 338, 342, 344, 345(A),3
(B), (C), (D)(introductory paragraph) and (1) and (2), (G), (I)(introductory4
paragraph) and (2), (J)(introductory paragraph) and (2) and 955(F), R.S.5
13:846(A)(1)(c), R.S. 15:85, 86, 88, and R.S. 22:1441(A)(2), (4), and (5), (C)(1) and6
(2)(b), (d), and (e), and (D), and 1585(A), to enact Code of Criminal Procedure7
Articles 349 through 349.9, and to repeal Code of Criminal Procedure Articles8
322(D) and (E), 339, and 340(E) and R.S. 15:87, relative to bail; to provide for a9
comprehensive revision of the law regarding bail; to provide for the types of bail; to10
provide relative to sureties, personal sureties, and secured personal sureties; to11
provide for bail procedures; to provide relative to the establishment of a legal12
mortgage over immovable property to secure a bail obligation; to provide for13
procedures for the establishment of a legal mortgage; to provide for the cancellation14
of the mortgage; to provide for sanctions for furnishing false or incorrect15
information; to provide for bail at various stages of proceedings; to provide with16
respect to forfeitures and forfeiture procedures; to provide for the failure to appear17
and issuance of arrest warrant; to provide for procedures relative to recordation of18
judgments of bond forfeitures; to provide for appeals; to provide for enforcement and19
satisfaction of judgments of bond forfeiture; to provide for failure to satisfy20
judgment of bond forfeiture; and to provide for related matters.21 HLS 10RS-789 ORIGINAL
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Be it enacted by the Legislature of Louisiana:1
Section 1. Code of Criminal Procedure Articles 312, 313, 315, 318, 319, 322(A),2
(B), and (C), 326(B), 330.2(E), 332(A), 334.1, 334.3(A)(2), 338, 342, 344, 345(A), (B), (C),3
(D)(introductory paragraph) and (1) and (2), (G), (I)(introductory paragraph) and (2),4
(J)(introductory paragraph) and (2) and 955(F) are hereby amended and reenacted and Code5
of Criminal Procedure Articles 349 through 349.9 are hereby enacted to read as follows: 6
Art. 312. Types and elections of bail7
A. There are three The types or forms of bail in Louisiana are:8
(1) Bail through with a commercial surety.9
(2) Bail through with cash deposits a secured personal surety.10
(3) Bail without with an unsecured personal surety.11
(4) Bail without surety, with or without security.12
(5) Bail with a cash deposit.13
B. All Except as provided below, all bail must be posted in the full amount14
set fixed by the court.15
C. When the court fixes the amount of bail, a secured bail undertaking may16
be satisfied by a commercial surety, a cash deposit, or with the court's approval, by17
a secured personal surety or a bond secured by the property of the defendant, or by18
any combination of the above.19
D. When the court elects to release the defendant on an unsecured personal20
surety or a bail without surety, that election shall be expressed in the bail order.21
Art. 313. Surety22
Surety is defined as used in this Title is a legal suretyship pursuant to the23
provisions of the Civil Code Article 3035 et seq.24
* * *25
Art. 315. Personal surety26
A personal surety must be a citizen and resident of Louisiana, and worth,27
natural person domiciled in this state who owns property in this state that is subject28
to seizure and is of sufficient value to satisfy, considering all his property whether29 HLS 10RS-789 ORIGINAL
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incorporeal moveable or immovable property, the amount specified in the bail bond.1
The worth value of the property of the surety shall be exclusive of the amount of any2
other bail bond on which he may be principal or surety, exclusive of exclude3
property exempt from execution, and shall be over and above all his other liabilities4
including the amount of any other bail bond on which he may be principal or surety.5
When there is more than one personal surety, the above requirements shall apply to6
their the aggregate worth value of their property. No personal surety shall charge a7
fee or receive any compensation for posting a personal surety bond on behalf of any8
person.9
* * *10
Art. 318. Secured personal surety11
A secured personal surety is a personal surety who meets all the12
qualifications of law and specifically mortgages immovable property located in the13
state of Louisiana or gives a security interest in immovable property located in the14
state of Louisiana movable property to secure the bail obligation.15
Art. 319. Proof of security interest Conditions for providing a property bond16
Prior to the release of any criminal defendant on a secured personal surety17
bond, the personal surety shall present to the officer authorized to accept the bond18
recorded proof of a security interest in immovable property in favor of the state of19
Louisiana or the proper political subdivision, as proof that the value of the security20
interest less any encumbrances is equal to or greater than the full amount of the bail21
as set by the court. These requirements shall not be waived, except on weekends or22
holidays, and then only when sufficient proof shall be submitted to the officer23
authorized to accept the bond.24
A. A defendant or a secured personal surety, pursuant to Article 312, may25
establish a legal mortgage over immovable property in favor of the state of Louisiana26
or the proper political subdivision to secure a bail obligation.27 HLS 10RS-789 ORIGINAL
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B. The mortgage is established upon the recordation of a written statement,1
in a form satisfactory to the officer authorized to receive the bail, in the mortgage2
records of the parish where the immovable is located that:3
(1) Contains the name and signature of the person making the statement.4
(2) Describes the immovable and declares that a mortgage is given over it5
as security for the performance of the bail obligation.6
(3) Certifies that the person making the statement owns the immovable and7
states its value, in excess of the amount of all encumbrances against it.8
(4) Attaches to it a copy of the order fixing the bail obligation.9
C. The person providing the security shall deliver a certified copy of the10
recorded statement establishing the mortgage and a mortgage certificate to the officer11
authorized to receive the bail. The officer may require additional evidence of12
ownership and value of the mortgaged property including a copy of the current tax13
assessment.14
D.(1) The recorder shall cancel the mortgage from his records upon the order15
of the court.16
(2) In all other cases, the effect of its recordation shall cease ten years after17
its recordation unless it is reinscribed in the manner otherwise provided by law.18
E. In fixing the bail obligation, the court may also authorize the defendant19
or the secured personal surety to satisfy the bail requirements by providing a security20
interest in favor of the state of Louisiana or the proper political subdivision in21
movable property. The security interest shall be in the form and under such terms22
and conditions as the court may require, including the delivery of the property into23
the registry of the court.24
F. Any materially false or incorrect statements made by a person who25
intentionally and knowingly gives a mortgage or security interest pursuant to this26
Article shall be prima facie proof of a violation of the provisions of R.S. 14:12527
(false swearing).28
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Art. 322. Declaration of residence by defendant and surety; waiver of notice1
A. The defendant and personal surety when signing a bail bond shall write2
the address at which each can be served under his their respective signatures. the3
address at which he resides The address shall be conclusively presumed to continue4
for all proceedings on the bond, until he files in the proceeding in which the bond5
was given a written declaration changing the address. The defendant and his counsel6
may, by joint affidavit filed of record in the proceeding in which the bond was given,7
appoint his counsel as his agent for service of notice to appear. The appointment8
shall be conclusively presumed to continue until the defendant files of record an9
affidavit revoking or changing the appointment. The affidavit shall include the10
address at which to serve his counsel. A commercial surety shall inscribe its proper11
mailing address on the face of the power of attorney used to execute the bond. The12
agent or bondsman posting the bond shall write his proper mailing address under his13
signature.14
B. A personal surety signing a bail bond shall write under his signature the15
address at which he resides. The address Each address provided pursuant to16
Paragraph A of this Article shall be conclusively presumed to continue for all17
proceedings on the bond, until the party providing the address changes it by filing18
he files in the proceeding in which the bond was given a written declaration changing19
the address in the proceeding for which the bond was filed.20
C. A commercial surety shall inscribe on the face of the power of attorney21
used to execute the bond its proper mailing address. This address shall be22
conclusively presumed to continue for all the proceedings on the bond, until a written23
declaration changing the address is filed in the proceeding in which the bond was24
given. By signing the bail bond the defendant and his surety waive any right to25
notice, except that provided for in Articles 344 and 349.3.26
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Art. 326. Condition of the bail undertaking1
* * *2
B.(1) Upon conviction and imposition of sentence or the pronouncement of3
sentence or condition of probation pursuant to Article 894 in misdemeanor cases, the4
bail undertaking shall cease and the surety shall be relieved of all obligations under5
the bond.6
(2) Upon entry of a plea of guilty or nolo contendere conviction in any7
felony case, the bail undertaking shall cease and the surety shall be relieved of all8
obligations under the bond, unless the surety has agreed in writing to continue on the9
existing bail undertaking or has posted another bond.10
(3) In all cases, if necessary to assure the presence of the defendant at all11
future stages of the proceedings, if any, the court may in its discretion, in accordance12
with Article 332 require the defendant to post another bond or other acceptable13
security, or may release the defendant on bail without surety as provided for in14
Article 325. The court may continue the existing bail undertaking with the written15
approval of the surety on the bond. Such approval must be obtained from the surety16
in accordance with the provisions of this Paragraph after conviction.17
* * *18
Art. 330.2. Bail hearing for certain sex offenders; detention19
* * *20
E. The types or forms of bail which may be posted for a sex offense are21
secured personal surety as authorized by Article 318, commercial surety as22
authorized by Article 314, and cash deposits as authorized by Article 324. The23
posting of bail through use of unsecured personal surety as authorized by Article 31724
is prohibited.25
(1) The posting of bail with an unsecured personal surety as authorized by26
Article 317 for a sex offense is prohibited.27
(2) The only types of bail that may be posted for a sex offense are:28
(a) Bail with a secured personal surety as authorized by Article 318.29 HLS 10RS-789 ORIGINAL
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(b) Bail with a commercial surety as authorized by Article 314.1
(c) Bail with a cash deposit as authorized by Article 324.2
* * *3
Art. 332. Bail after conviction4
A. A convicted person shall be remanded to jail to await sentence unless any5
of the following occur:6
(1) He is allowed to remain free on a bail obligation posted prior to7
conviction by operation of Article 326(B), and the bail previously fixed is in8
accordance with all of the applicable provisions of this Article.9
(2) he He is released by virtue of a on bail obligation posted after conviction,10
which bail was fixed in accordance with this Article.11
* * *12
Art. 334.1. Felony involving firearm; release on own recognizance prohibited bail13
Notwithstanding any other provision of law to the contrary, the The court14
shall not release any defendant on his own recognizance who has been arrested for15
a felony offense, an element of which is the discharge, use, or possession of a firearm16
on his personal undertaking without security or with an unsecured personal surety.17
* * *18
Art. 334.3. Prohibition on subsequent bail obligation following revocation or19
forfeiture; certain offenses20
A.21
* * *22
(2) Any person who voluntarily surrenders following revocation or forfeiture23
of bail may be released only on bail through with a commercial surety and in an24
amount higher than the original bail.25
* * *26
Art. 338. Form and contents of bail order27
An order fixing bail The judge or magistrate shall be in writing, set the type28
and a single amount of bail for each charge, and designate the officer or officers29 HLS 10RS-789 ORIGINAL
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authorized to accept the bail, and shall be signed by the magistrate. The An order1
fixing bail may issue on motion request of the state or defendant, or on the initiative2
of the judge or magistrate's magistrate own initiative. In any parish with a3
population in excess of four hundred ninety thousand, as established by the 19904
U.S. Decennial Census, the magistrate or district court shall hold a contradictory5
hearing prior to fixing bail in any felony case.6
* * *7
Art. 342. Increase or reduction of bail; sufficiency of security8
The court having trial jurisdiction over the offense charged, on its own9
motion or on motion of the state or defendant, for good cause, may either increase10
or reduce the amount of bail, or require new or additional security. For purposes of11
this Article, good cause for increase of bail specifically includes but is not limited12
to the rearrest of the defendant on offenses alleged to have been committed while out13
on bond. However, in any parish with a population in excess of four hundred ninety14
thousand, as established by the 1990 U.S. Decennial Census, the district court shall15
hold a contradictory hearing prior to a modification of the bail order. The16
modification of any bail order wherein a bail bond has been posted by a criminal17
defendant and his sureties shall upon said modification terminate the liability of the18
defendant and his sureties under the previously existing bail contract. A new bail19
must be posted in the amount of the new bail order.20
* * *21
Art. 344. Right to notice of time and place of defendant's required appearance22
A. When a bail bond fixes the initial an appearance date, the defendant23
appears as ordered, and notice of the next appearance date is given to the defendant,24
no additional notice of that appearance date is required to be given to the defendant25
or the personal surety or the commercial surety or the agent or bondsman who posted26
the bond for the commercial surety, if the defendant appears as ordered. If a27
defendant fails to appear when a bail bond fixes the initial appearance date, no28
additional preforfeiture notice for that date is required to be given to the defendant29 HLS 10RS-789 ORIGINAL
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or the personal surety or the commercial surety or the agent or bondsman who posted1
the bond for the commercial surety. The bond shall be forfeited forthwith as per R.S.2
15:85.3
B.(1) When a bail bond does not fix the appearance date, and the presence4
is required of a person who has been released on bail, written notice of the time, date,5
and place the defendant, or his duly appointed agent, is first ordered by the court to6
appear shall be given to the defendant or his duly appointed agent and his personal7
surety or the commercial surety or the agent or bondsman who posted the bond for8
the commercial surety shall be given written notice of the time, date, and place the9
principal is required to appear.10
(2) The notice may be delivered to the defendant or his duly appointed agent11
and the personal surety or the commercial surety or the agent or bondsman who12
posted the bond for the commercial surety by an officer designated by the court, at13
least two days prior to the day set for the appearance; or this notice may be mailed14
by United States first class mail to the defendant or his duly appointed agent and his15
personal surety or the commercial surety or the agent or bondsman who posted the16
bond for the commercial surety, at least three days prior to the day set for the17
appearance. The notice shall be mailed to the defendant or his duly appointed agent18
and his personal surety or the commercial surety or the agent or bondsman who19
posted the bond for the commercial surety to the address designated pursuant to20
Article 322.21
(3) C. If the defendant appears as ordered and the proceeding is continued22
to a specific date, the defendant or his duly appointed agent and the personal surety23
or the commercial surety or the agent or bondsman who posted the bond for the24
commercial surety need not be given notice of the new appearance date. If the25
defendant fails to appear as ordered, or the proceeding is not continued to a specific26
date, the defendant or his duly appointed agent, the personal surety or the agent or27
bondsman who posted the bond for the commercial surety shall be given notice of28
the new appearance date.29 HLS 10RS-789 ORIGINAL
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(4) Failure to give notice, as required by this Paragraph, relieves the surety1
from liability on a judgment of bond forfeiture for the defendant's non-appearance2
on that particular date.3
D. Notice required pursuant to the provisions of this Article to the defendant4
and the personal surety or the commercial surety or the agent or bondsman who5
posted the bond for the commercial surety shall be made to the address provided6
pursuant to Article 322. Notice may be made:7
(1) By an officer designated by the court at least two days prior to the8
appearance date; or9
(2) Mailed by United States first class mail at least five days prior to the10
appearance date.11
E. Failure to give the notice required by this Article relieves the surety from12
liability on a judgment of bond forfeiture for the nonappearance of the defendant on13
that particular date.14
Art. 345. Surrender of defendant15
A. A surety may surrender the defendant or the defendant may surrender16
himself, in open court or to the officer charged with his detention, at any time prior17
to forfeiture or within the time allowed by law for setting aside a judgment of18
forfeiture of the bail bond. For the purpose of surrendering the defendant, the surety19
may arrest him. Upon surrender of the defendant, the officer shall detain the20
defendant in his custody as upon the original commitment and shall acknowledge the21
surrender by a certificate signed by him and delivered to the surety. Thereafter,22
After compliance with the provisions of Paragraph F, the surety shall be fully and23
finally discharged and relieved of any and all obligation obligations under the bond.24
B. If the defendant is incarcerated by the officer originally charged with his25
detention at any time prior to forfeiture or within the time allowed by law for setting26
aside a judgment for forfeiture of the bail bond, the surety may apply for and receive27
from any officer in charge of any facility in the state of Louisiana or a foreign28
jurisdiction charged with the detention of the defendant a letter verifying that the29 HLS 10RS-789 ORIGINAL
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defendant is incarcerated, but only after the surety verifies to the satisfaction of the1
officer charged with the detention of the defendant as to the identity of the defendant.2
Thereafter, After compliance with the provisions of Paragraph F, the surety shall be3
fully and finally discharged and relieved of any and all obligation obligations under4
the bond.5
C. When a surety receives either a certificate of surrender provided for in6
Paragraph A of this Article or a letter of verification as provided for in Paragraph B7
of this Article, the surety shall pay a fee of twenty-five dollars to the officer charged8
with the defendant's detention for recalling the capias, accepting the surrender or9
verifying the incarceration, processing the paperwork, and giving the surety a10
certificate of surrender or a letter of verification of incarceration issued pursuant to11
this Article after compliance with the provisions of Paragraph F of this Article12
releasing him from his obligation under the defendant's bond.13
D. If during the six-month period allowed for the surrender of the defendant,14
the defendant is found to be incarcerated in another parish of the state of Louisiana15
or a foreign jurisdiction, the judgment of bond forfeiture is deemed satisfied if all of16
the following conditions are met:17
(1) The defendant or his sureties file a motion in summary proceeding within18
the six-month period allowed for the surrender of the defendant. The motion shall19
be heard summarily.20
(2) The defendant's sureties of the defendant produce to provide the court21
adequate proof of defendant's incarceration of the defendant, or the officer originally22
charged with defendant's his detention verifies the defendant's his incarceration. A23
letter of incarceration issued pursuant to this Article verifying that the defendant was24
incarcerated within the six-month period allowed for the surrender of the defendant25
at the time the defendant or the surety files the motion, shall be deemed adequate26
proof of the defendant's incarceration of the defendant.27
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G. During the six-month period provided for surrendering the defendant, the1
surety may request from that the officer originally charged with the detention of a2
felony defendant's detention defendant that place the name of the felony defendant's3
name be placed defendant into the National Crime Information Center registry.4
Upon such a request, the The surety shall pay to the that officer originally charged5
with the felony defendant's detention a fee of twenty-five dollars for processing such6
the placement. If, after the request by the surety and payment of the twenty-five-7
dollar fee, the defendant's name of the defendant is removed from the National8
Crime Information Center registry without cause during the six-month period9
provided for surrendering the defendant, the surety shall be relieved of all obligations10
under the bond.11
* * *12
I. In addition to and notwithstanding any other provision of law, a surety13
may seek an extension of time to surrender a defendant, or have the judgment of14
bond forfeiture set aside by filing a motion in the criminal court of record and after15
contradictory hearing with the district attorney and with proof satisfactory to the16
discretion of the court that a fortuitous event has occurred and that such the event has17
made it impossible to perform his performance as required under the contract18
impossible to perform. A motion seeking relief pursuant to this Paragraph must be19
filed within twelve months three hundred sixty-six days from the date of the20
fortuitous event, excluding legal delays. The court in its discretion may do any of21
the following:22
* * *23
(2) Grant an extension of time up to twelve months three hundred sixty-six24
days from the expiration of the initial six month time period allowed for the25
surrender of the defendant from the date of the mailing of proper notice of bond26
forfeiture. If the court grants that extension, judicial interest shall be suspended27
during that additional time period.28
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J. Regarding bail bond forfeitures for which the notices of bond forfeiture1
judgments were mailed between February 28, 2005, and September 21, 2005,2
inclusive, in addition to and notwithstanding any other provision of law, the3
defendant or the surety may seek an extension of time to surrender a defendant or to4
have a judgment of bond forfeiture set aside by filing a motion in the criminal court5
record and after contradictory hearing with the district attorney and with proof6
satisfactory to the discretion of the court that after reasonable effort to recover the7
wanted fugitive, the location and return of the wanted fugitive was made impossible8
by damage sustained during and immediately following Hurricane Katrina or9
Hurricane Rita. Such motion must be filed within twelve months three hundred10
sixty-six days of the date of the storm, the effect of which gives rise to the request11
for relief excluding legal delays. A motion seeking relief pursuant to this Paragraph12
must be filed within twelve months three hundred sixty-six days from the date of the13
fortuitous event, excluding legal delays. The court in its discretion may do any of14
the following:15
* * *16
(2) Grant an extension of time up to twelve months three hundred sixty-six17
days from the expiration of the initial six month time period allowed for the18
surrender of the defendant from the date of the mailing of proper notice of bond19
forfeiture. If the court grants that extension, judicial interest shall be suspended20
during that additional time period.21
* * *22
Art. 349. Forfeiture procedure23
A. A bond that secures the appearance of a person before a court in the state24
of Louisiana shall be forfeited and collected as provided by law.25
B. The court may forfeit the bond forthwith or may proceed with the bond26
forfeiture within sixty days of the nonappearance subject to the provisions of Article27
349.3.28 HLS 10RS-789 ORIGINAL
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Art. 349.1. Failure to appear; issuance of arrest warrant1
If at the time fixed for appearance the defendant fails to appear as required2
by the court, the judge may, or shall on motion of the prosecuting attorney, issue a3
warrant for the arrest of the defendant.4
Art. 349.2. Proof necessary at bond forfeiture hearing5
Upon motion of the prosecuting attorney, and upon proof of the bail contract,6
the power of attorney if any, notice to the defendant and the surety as required by7
Article 344, and the defendant's failure to appear as required, a bond shall be8
forfeited and a judgment of bond forfeiture shall be signed.9
Art. 349.3. Notice of judgment10
A.(1) After entering the fact of the signing of the judgment of bond forfeiture11
in the court minutes, the clerk of court shall promptly mail notice of the signing of12
the judgment of bond forfeiture. The notice of the signing of the judgment shall be13
mailed by United States certified mail with return receipt affixed thereto to the14
defendant, the personal surety, the agent or bondsman who posted the bond for the15
commercial surety, and the commercial surety at the addresses designated in Article16
322. Notice to the commercial surety shall include the power of attorney number17
used to execute the bond without which the bond obligation of the commercial surety18
shall be suspended until the power of attorney number is supplied, provided the19
commercial surety provides notice to the clerk of court who mailed the notice to the20
surety of the failure to include such number in the notice by certified mail not later21
than thirty days following receipt of notice of the judgment. If the power of attorney22
number is not provided to the commercial surety within thirty days after the date of23
receipt by the clerk of court of the notice that it was not included in the notice of the24
judgment, the commercial surety shall be released from the bond obligation.25
(2) The defendant shall reimburse the clerk of court for postage and other26
costs incurred by the clerk to send the notice required in Paragraph A of this Article.27 HLS 10RS-789 ORIGINAL
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B. After mailing the notice of the signing of the judgment of bond forfeiture,1
the clerk of court shall execute an affidavit of the mailing and place the affidavit and2
the return receipts in the record.3
C. Failure to mail notice of the signing of the judgment within sixty days4
after the defendant fails to appear shall release the sureties of all obligations under5
the bond.6
Art. 349.4. Recordation of judgment7
After mailing notice of the signing of the judgment of bond forfeiture, the8
district attorney shall cause the judgment to be recorded in every parish in which the9
recordation may be proper. Every such recordation shall be without cost and shall10
operate as a judicial mortgage against the defendant and all his sureties.11
Art. 349.5. Nullity actions, summary proceedings, and cumulative actions12
A.(1) The defendant and his sureties shall be entitled to assert defenses and13
actions in nullity by use of summary proceedings in the criminal matter before the14
trial court that issued the judgment of bond forfeiture within sixty days after the date15
of mailing the notice of the signing of the judgment of bond forfeiture. Any16
summary proceeding brought by the defendant or his sureties within the sixty-day17
period shall be determined by the court within one hundred eighty days of the date18
of mailing the notice of the signing of the judgment of bond forfeiture.19
(2) Nullity actions pursuant to Code of Civil Procedure Article 2001 et seq.20
not filed within the sixty days provided for filing summary proceedings shall be21
brought by the use of ordinary civil proceedings.22
B. The defendant and his sureties shall be entitled to assert defenses pursuant23
to Articles 345 and 349.9 by use of summary proceedings in the criminal matter24
before the trial court that issued the judgment of bond forfeiture within one hundred25
eighty days after the date of mailing the notice of the signing of the judgment of26
bond forfeiture.27
C. A surety, in an action in nullity or to set aside a bond forfeiture, may28
cumulate two or more cases that are similarly situated by the facts and legal issues29 HLS 10RS-789 ORIGINAL
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as one cumulative action. The actions cumulated shall be mutually consistent and1
employ the same form of procedure. The action may be by summary proceedings2
in the section of the criminal court where those cases are pending, or by an ordinary3
civil proceeding when the action is within the jurisdiction of the court and in the4
proper venue. The surety has the burden of proving that the cumulation of the5
actions is appropriate and in the interest of justice.6
D. If the court lacks jurisdiction or venue is improper as to one of the actions7
cumulated, that action shall be dismissed. If the cumulation is improper for any8
other reason, the court may do either of the following:9
(1) Order separate trials or hearings of the actions.10
(2) Order the moving party to elect which action shall proceed and to amend11
the pleadings to delete all allegations relating to the discontinued action. The penalty12
for noncompliance with an order to amend is a dismissal of the entire proceeding.13
Art. 349.6. Appeals14
A. The defendant and his sureties shall have the right to a suspensive appeal15
from the judgment of bond forfeiture, which shall be perfected within sixty days after16
the date of mailing the notice of the signing of the judgment. The security for the17
appeal shall be equal to the bail obligation.18
B. The defendant and his sureties shall have the right to a devolutive appeal19
from the judgment of bond forfeiture, which shall be perfected within one hundred20
twenty days after the date of mailing the notice of the signing of the judgment.21
C. All appeals shall be proper in the court having appellate jurisdiction over22
the court issuing the judgment of bond forfeiture.23
Art. 349.7. Enforcement of judgment24
A.(1) No judgment of bond forfeiture rendered on or after August 15, 1997,25
shall be enforced until after the expiration of one hundred ninety days after the date26
of mailing the notice of the signing of the judgment of bond forfeiture for bonds that27
have a face value under fifty thousand dollars, or until after the expiration of two28 HLS 10RS-789 ORIGINAL
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hundred eighty days for bonds that have a face value of fifty thousand dollars or1
more.2
(2) The court may provide by court rule for the filing of an offset claim3
against the principal with the secretary of the Department of Revenue, in accordance4
with R.S. 47:299.1 et seq.5
(3) If, after the expiration of one hundred ninety days after the date of6
mailing the notice of the signing of the judgment of bond forfeiture for bonds that7
have a face value under fifty thousand dollars, or after the expiration of two hundred8
eighty days for bonds that have a face value of fifty thousand dollars or more, a9
judgment of bond forfeiture against a commercial surety company has not been10
suspensively appealed or satisfied, or if proceedings, other than a devolutive appeal11
challenging the bond forfeiture have not been timely filed, the prosecuting attorney12
may either file a rule to show cause with the commissioner of insurance in13
accordance with R.S. 22:1441 or collect the judgment in the same manner as a civil14
judgment.15
B. The timely filing of a suspensive appeal shall suspend the enforcement16
of the judgment of the bond forfeiture.17
Art. 349.8. Satisfaction of judgment of bond forfeiture18
A.(1) For bonds that have a face value under fifty thousand dollars, a19
judgment forfeiting the appearance bond shall at any time, within one hundred eighty20
days after the date of mailing the notice of the signing of the judgment of bond21
forfeiture, be fully satisfied and set aside upon the surrender of the defendant or the22
appearance of the defendant. The surrender of the defendant also relieves the surety23
of all obligations under the bond and the judgment.24
(2) A judgment forfeiting the appearance bond rendered according to this25
Title shall at any time, within ten days of the one-hundred-eighty-day period26
provided to surrender the defendant, be satisfied by the payment of the amount of the27
bail obligation without incurring any interest, costs, or fees.28 HLS 10RS-789 ORIGINAL
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B.(1) For bonds with a face value of fifty thousand dollars or more, a1
judgment forfeiting the appearance bond shall, at any time within one hundred eighty2
days after the date of mailing the notice of the signing of the judgment of bond3
forfeiture, be fully satisfied and set aside upon the surrender or the appearance of the4
defendant. The appearance of the defendant shall satisfy the judgment, and the5
surrender shall relieve the surety of all obligations under the bond and the judgment.6
A judgment forfeiting the appearance bond shall, at any time within ten days after7
the expiration of the period provided to surrender the defendant, be fully satisfied by8
the payment of the amount of the bail obligation without incurring any interest, costs,9
or fees.10
(2) A judgment forfeiting the appearance bond shall, at any time more than11
one hundred eighty days but within two hundred seventy days after the date of12
mailing the notice for the signing of the judgment of bond forfeiture, be satisfied and13
set aside upon the surrender or the appearance of the defendant and the payment in14
cash of ten percent of the face amount of the bond. The surrender and the payment15
in cash of ten percent of the face amount of the bond shall satisfy the judgment and16
shall relieve the surety of all obligations under the bond and the judgment. A17
judgment forfeiting the appearance bond shall, at any time within ten days after the18
expiration of the two-hundred-seventy-day period provided to surrender the19
defendant, be fully satisfied by the payment of the amount of the bail obligation20
without incurring any interest, costs, or fees.21
Art. 349.9. Nonforfeiture situations22
A. A judgment decreeing the forfeiture of an appearance bond shall not be23
rendered if it is shown to the satisfaction of the court that the defendant, principal in24
the bond, is prevented from attending because of any of the following:25
(1) He has a physical disability, illness, or injury.26
(2) He is being detained in the jail or penitentiary of another jurisdiction.27
(3) He is serving in the armed forces of the United States.28 HLS 10RS-789 ORIGINAL
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(4) He is a member of the Louisiana National Guard called to duty pursuant1
to R.S. 29:7. This provision does not apply to appearances in a state military court.2
B. An affidavit by the jailer, warden, or other responsible officer where the3
principal is detained, or commanding officer, attesting to the cause of the failure to4
appear of the defendant shall be considered adequate proof of the inability to appear5
by the defendant.6
C. If a judgment of bond forfeiture is rendered while the defendant is7
prevented from appearing for any reason enumerated in this Article, and if the8
defendant or his sureties file a motion to set aside the judgment of bond forfeiture9
within one hundred eighty days of after the date of the mailing the notice of the10
signing of the judgment of bond forfeiture, and it is shown to the satisfaction of the11
court that the defendant was prevented from attending for any cause enumerated in12
this Article, the court shall declare the judgment of bond forfeiture null and void.13
* * *14
Art. 955. Suspension of time limitations in affected courts; ninety days; recision;15
extensions; exceptions16
* * *17
F. When the supreme court makes the determination and orders an18
emergency session of court at a location which are both feasible and practical outside19
the parish or territorial jurisdiction of the affected court, pursuant to Article 944, in20
addition to the provisions of Paragraph A of this Article, the supreme court may21
order an extension of time not to exceed fifteen months four hundred fifty days for22
the surrender of the defendant as provided for in R.S. 15:85 Code of Criminal23
Procedure Article 349.8. This extension of time is in addition to the six months one24
hundred eighty days provided for in R.S. 15:85 Article 349.8 and the ninety days25
provided for in Paragraph A of this Article, and also applies to the deadlines for26
filing motions to set aside judgments of bond forfeiture.27
* * *28 HLS 10RS-789 ORIGINAL
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Section 2. R.S. 13:846(A)(1)(c) is hereby amended and reenacted to read as follows:1
§846. Additional fees; attending court sessions; transcripts of appeal in criminal2
cases; costs of prosecution; forfeited bail bond3
A. In addition to other fees fixed by law, the clerks of the several district4
courts throughout the state of Louisiana, the parish of Orleans excepted, shall be5
entitled to demand and receive the following fees of office:6
(1)7
* * *8
(c) Notwithstanding any other provision of law to the contrary, in all cases9
where a criminal bail bond posted by a commercial surety is forfeited and is actually10
collected by the district attorney, including the parish of Orleans, the sum of thirty11
dollars total for each judgment for which notices are sent pursuant to R.S. 15:8512
Code of Criminal Procedure Article 349.3 shall be paid to the clerk of court by the13
district attorney from the proceeds of such collection and the balance collected shall14
be paid by the district attorney according to law; in all cases where a bail bond is15
forfeited and is actually collected by the sheriff, the sum of seven dollars and fifty16
cents out of the amount of the forfeited bond shall be paid to the clerk of court by the17
sheriff as the clerk's fee.18
* * *19
Section 3. R.S. 15:85, 86, and 88 are hereby amended and reenacted to read as20
follows:21
§85. Forfeiture; procedure; notice; and collection Failure to satisfy judgment of22
bond forfeiture23
All bonds taken to secure the appearance of any person before any court24
executed in the state of Louisiana shall be forfeited and collected as follows:25
(1) Failure to appear and answer. If at the time fixed for appearance the26
defendant fails to appear and answer when called, the judge, on motion of the27
prosecuting attorney, upon hearing of proper evidence including: the bail contract;28
the power of attorney if any; and the notice to the defendant and the surety as29 HLS 10RS-789 ORIGINAL
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required by Article 344 of the Code of Criminal Procedure, shall immediately and1
forthwith issue a warrant for the arrest of the person failing to appear and order a2
judgment decreeing the forfeiture of the bond and against the defendant and his3
sureties in solid for the full amount of the bond.4
(2) Signing of the judgment of bond forfeiture. Following the defendant's5
failure to appear, the court shall sign a written judgment of bond forfeiture.6
(3) Notice of judgment.7
(a) After entering the fact of the signing of the judgment of bond forfeiture8
in the court minutes, the clerk of court shall promptly mail notice of the signing of9
the judgment of bond forfeiture. The notice of the signing of the judgment shall be10
mailed by United States certified mail with return receipt to all of the following:11
(i) The defendant at the address designated pursuant to Code of Criminal12
Procedure Art. 322.13
(ii) The personal sureties at the addresses designated pursuant to Code of14
Criminal Procedure Art. 322.15
(iii) The agent or bondsman who posted the bond for the commercial sureties16
at the address designated pursuant to Code of Criminal Procedure Art. 322.17
(iv) The commercial sureties at the addresses designated pursuant to Code18
of Criminal Procedure Art. 322. Notice to the commercial sureties shall include the19
power of attorney number used to execute the bond without which the bond20
obligation of the commercial surety shall be suspended until the power of attorney21
number is supplied provided the commercial surety provides notice to the clerk of22
court who mailed the notice to the surety of the failure to include such number in the23
notice by certified mail not later than thirty days following receipt of notice of the24
judgment. If the power of attorney number is not provided to the commercial surety25
within thirty days following the date of receipt by the clerk of court of the notice that26
it was not included in the notice of the judgment, the commercial surety shall be27
released from the bond obligation.28 HLS 10RS-789 ORIGINAL
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(b) After mailing the notice of the signing of the judgment of bond forfeiture,1
the clerk of court shall execute an affidavit of the mailing and place the affidavit and2
the return receipts in the record.3
(c) Failure to mail proper notice of the signing of the judgment within sixty4
days after the defendant's failure to appear shall release the sureties of any and all5
obligations under the bond.6
(d) The defendant shall reimburse the clerk of court for all postage costs and7
other costs in connection with Items (a)(i) through (iv) of this Paragraph.8
(4) Recordation of judgment. After mailing notice of the signing of the9
judgment of bond forfeiture, the district attorney shall cause the judgment to be10
recorded in every parish in which he thinks the recordation is proper. Every such11
recordation shall be without cost and shall operate as a judicial mortgage against the12
defendant and all his sureties.13
(5) Summary proceedings. The defendant and his sureties shall be entitled14
to bring defenses and actions in nullity by use of summary proceedings in the15
criminal matter before the trial court which issued the judgment of bond forfeiture16
within sixty days from mailing the notice of the signing of the judgment of bond17
forfeiture. Any summary proceeding brought by the defendant or his sureties within18
the sixty-day period shall be determined by the court within one hundred eighty days19
of mailing the notice of the signing of the judgment of bond forfeiture. The20
defendant and his sureties shall be entitled to bring defenses pursuant to Code of21
Criminal Procedure Art. 345 and R.S. 15:87 by use of summary proceedings in the22
criminal matter before the trial court which issued the judgment of bond forfeiture23
within six months from mailing the notice of the signing of the judgment of bond24
forfeiture.25
(6) Appeals.26
(a) The defendant and his sureties shall have the right to an appeal that27
suspends the effect or the execution of the judgment of bond forfeiture. The security28
to be furnished for this suspensive appeal shall be equal to the bail obligation.29 HLS 10RS-789 ORIGINAL
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(b) The defendant and his sureties shall have the right to a devolutive appeal1
of the judgment of bond forfeiture.2
(c) All appeals shall be to the appellate court having general civil appellate3
jurisdiction over the court issuing the judgment of bond forfeiture.4
(7) Enforcement and collection of judgment. No judgment of bond forfeiture5
rendered on or after August 15, 1997, shall be enforced or collected until ten days6
after the expiration of six months after the mailing of proper notice of the signing of7
the judgment of bond forfeiture for bonds which have a face value under fifty8
thousand dollars, or until ten days after the expiration of nine months for bonds9
which have a face value of fifty thousand dollars or more. The timely filing of a10
suspensive appeal shall suspend the enforcement or collection of the judgment of the11
bond forfeiture. In addition, the court may provide by court rule for the filing of an12
offset claim against the principal with the secretary of the Department of Revenue,13
in accordance with R.S. 47:299.1 through 299.20. If after six months and ten days14
from the mailing of proper notice of the signing of the judgment for bonds which15
have a face value under fifty thousand dollars, or if after nine months and ten days16
for bonds which have a face value of fifty thousand dollars or more, a judgment of17
bond forfeiture against a commercial surety company has not been suspensively18
appealed nor satisfied or proceedings challenging the bond forfeiture have not been19
timely filed, the prosecuting attorney may either file a rule to show cause with the20
commissioner of insurance in accordance with R.S. 22:1441 or collect the judgment21
in the same manner as a civil judgment.22
(8) Collection by insurance commissioner. Within thirty days of the filing23
of a rule to show cause by the prosecuting attorney with the commissioner of24
insurance, the commissioner of insurance shall notify the insurance company, the25
surety or Lloyd's association, in writing, at the address of the home office of that26
organization by certified mail, setting a time, place, and date of the commissioner's27
hearing, which shall not be more than sixty days from the date of receipt of notice28
from the prosecuting attorney. If after the hearing, the insurance commissioner finds29 HLS 10RS-789 ORIGINAL
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that there is no just cause or legal reason for the surety's nonpayment, the1
commissioner shall take any action deemed necessary for collection of the amount2
owed, including suspension of the surety from doing business in the state of3
Louisiana.4
(9) Nullity actions. Nullity actions pursuant to Code of Civil Procedure Art.5
2001 et seq. not filed within the sixty days provided for filing summary proceedings6
shall be brought by the use of ordinary civil proceedings.7
(10) Satisfaction of judgment of bond forfeiture. (a) For bonds which have8
a face value under fifty thousand dollars, any judgment forfeiting the appearance9
bond rendered according to this Section shall at any time, within six months, after10
mailing of the notice of the signing of the judgment of bond forfeiture, be fully11
satisfied and set aside upon the surrender or the appearance of the defendant. The12
appearance of the defendant shall operate as a satisfaction of the judgment, and the13
surrender shall operate as a satisfaction of the judgment and shall fully and finally14
relieve the surety of any and all obligations under the bond. Any judgment forfeiting15
the appearance bond rendered according to this Section shall at any time, within ten16
days after the expiration of the six-month period provided to surrender the defendant,17
be fully satisfied by the payment of the amount of the bail obligation without18
incurring any interest, costs, or fees.19
(b)(i) For bonds which have a face value of fifty thousand dollars or more,20
any judgment forfeiting the appearance bond rendered according to this Section shall21
at any time within six months after mailing of the notice of the signing of the22
judgment of bond forfeiture be fully satisfied and set aside upon the surrender or the23
appearance of the defendant. The appearance of the defendant shall operate as a24
satisfaction of the judgment and shall fully and finally relieve the surety of any and25
all obligations under the bond. Any judgment forfeiting the appearance bond26
rendered according to this Section shall at any time, within ten days after the27
expiration of the six-month period provided to surrender the defendant, be fully28 HLS 10RS-789 ORIGINAL
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satisfied by the payment of the amount of the bail obligation without incurring any1
interest, costs, or fees.2
(ii) Any judgment forfeiting the appearance bond rendered according to this3
Section shall at any time more than six months but within nine months after mailing4
of the notice for the signing of the judgment of bond forfeiture, be satisfied and set5
aside upon the surrender or the appearance of the defendant, and the payment in cash6
of ten percent of the face amount of the bond. The appearance and payment of ten7
percent in cash of the face amount of the bond shall operate as a satisfaction of the8
judgment and shall fully and finally relieve the surety of any and all obligations9
under the bond. Any judgment forfeiting the appearance bond rendered according10
to this Section shall, at any time within ten days after the expiration of the nine-11
month period provided to surrender the defendant, be fully satisfied by the payment12
of the amount of the bail obligation without incurring any interest, costs, or fees.13
(11) Failure to satisfy judgment of bond forfeiture14
(a)A. If a judgment of bond forfeiture rendered after June 22, 1993, against15
a commercial surety company has not been satisfied within two hundred ten days16
from after the date of mailing the notice of the signing of the judgment of bond17
forfeiture for bonds which that have a face value under fifty thousand dollars, or18
within four hundred days from mailing the notice of the signing of the judgment of19
bond forfeiture for bonds which have a face value of fifty thousand dollars or more,20
nor has a suspensive appeal or other proceeding challenging the bond forfeiture been21
timely filed, the prosecuting attorney may file with the appropriate district court, in22
the parish where the bond is forfeited, a rule to show cause why that commercial23
surety company should not be prohibited from executing criminal bail bonds before24
the court issuing the judgment of bond forfeiture. The appropriate court is the court25
where the bond is posted, whether in a district court or a court other than a district26
court composed of more than one judge. If the appropriate court is not a district27
court, it shall sit en banc on such a rule to show cause. If the bond is posted in a28 HLS 10RS-789 ORIGINAL
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court other than a district court and composed of only one judgeship position, then1
the rule shall be filed in the appropriate district court.2
(b)B. At the rule to show cause, the court may consider only issues which3
would interrupt the enforceability of the judgment. Should the The court find may4
issue an order enjoining the commercial surety company from posting criminal bail5
bonds before the court issuing the judgment of bond forfeiture if the judgment is not6
satisfied within ten days and if the court finds all of the following:7
(I)(1) A judgment of bond forfeiture has been rendered, after June 22, 1993,8
against the commercial surety;.9
(ii)(2) Proper notice pursuant to this Section Code of Criminal Procedure10
Article 349.3 has been mailed;.11
(iii)(3) No suspensive appeal has been taken;.12
(iv)(4) The defendant has neither been surrendered nor appeared within six13
months one hundred eighty days of the date of mailing of the notice of the signing14
of the judgment of bond forfeiture for bonds which that have a face value of fifty15
thousand dollars or more, and the defendant has neither not been surrendered16
together with ten percent of the total amount of the bond or appeared together with17
cash payment of ten percent of the total amount of the bond, more than six months18
one hundred eighty days but within nine months two hundred seventy days, after the19
date of the mailing of the notice of the signing of the judgment of bond forfeiture;.20
(v)(5) Two hundred ten days have passed since the date of the mailing of21
proper the notice of the signing of the judgment of bond forfeiture for bonds which22
that have a face value under fifty thousand dollars, or four hundred days have passed23
since the date of the mailing of proper the notice of the signing of the judgment of24
bond forfeiture for bonds which that have a face value of fifty thousand dollars or25
more; and.26
(vi)(6) The judgment of bond forfeiture has not been satisfied by payment27
of the full amount for bonds which that have a face value under fifty thousand28
dollars, or has not been satisfied by the surrender or the appearance of the defendant29 HLS 10RS-789 ORIGINAL
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together with payment in cash of ten percent of the total bond amount for bonds1
which that have a face value of fifty thousand dollars or more, if applicable, then the2
court may issue an order enjoining the commercial surety company from posting3
criminal bail bonds before the court issuing the judgment of bond forfeiture if the4
judgment is not satisfied within the ten days.5
(c)C. The burden of proof at the hearing shall be upon the commercial surety6
by a preponderance of evidence and shall be limited to documents contained in the7
official court record where the judgment was rendered. The surety company may use8
evidence not contained in the record to show that it did not receive post-forfeiture9
notice or the post-forfeiture notice required pursuant to this Section was not properly10
mailed.11
(12) Cumulative actions. When a surety has cause to bring an action in12
nullity or to set aside a bond forfeiture in two or more cases that are similarly13
situated by facts and legal issues, he may file such actions as one cumulative action,14
in summary proceedings and in the section of the criminal court where those cases15
are pending pursuant to R.S. 15:85(5), Code of Criminal Procedure Article 345(I) or16
(J), or an ordinary civil action pursuant to R.S. 15:85(9) when such action is within17
the jurisdiction of the court and in the proper venue. All the actions cumulated must18
be mutually consistent and employ the same form of procedure. The surety has the19
burden of proving that the accumulation of the actions is appropriate and in the20
interest of justice.21
(13) Improper cumulation effect. When the court lacks jurisdiction of or22
when venue is improper as to one of the actions cumulated, that action shall be23
dismissed. When the cumulation is improper for any other reason, the court may do24
either of the following:25
(a) Order separate trials of the actions.26
(b) Order the moving party to elect which action or actions he shall proceed27
with and to amend his pleadings so as to delete therefrom all allegations relating to28 HLS 10RS-789 ORIGINAL
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the action or actions which he elects to discontinue. The penalty for noncompliance1
with an order to amend is a dismissal of the entire cumulative action proceeding.2
* * *3
§86. Forfeiture of cash, checks, or securities and discharge of the bail undertaking4
A. When the court declares a forfeiture of cash, a check, a negotiable bond,5
or a money order which has been deposited as bail, the court shall order the6
disposition of such security in satisfaction of the bail obligation.7
B. When the bail undertaking is discharged, the court shall order the security8
returned to the depositor. Upon presentation of a certified copy of the order, the9
custodian of the security shall pay or deliver it to the person named therein or to his10
order.11
* * *12
§88. Appearance bond defined13
The term "appearance bond" shall be taken and intended to mean every bail14
bond, recognizance, or other obligation, or deposit of cash, checks, negotiable bonds,15
or money orders, made or taken to secure the appearance of any person before any16
court; but in all cases where cash, checks, negotiable securities or money orders, or17
other movables have been deposited in lieu of bond with a surety, in case of18
discharge or forfeiture, the same shall be disposed of as otherwise provided by law.19
Section 4. R.S. 22:1441(A)(2), (4), and (5), (C)(1) and (2)(b), (d), and (e), and (D)20
and 1585(A) are hereby amended and reenacted to read as follows:21
§1441. Failure to timely satisfy claim under criminal bond contract22
A. Any prosecuting attorney may file with the commissioner of insurance's23
office a rule to show cause if all the following are true:24
* * *25
(2) Proper notice Notice pursuant to R.S. 15:85 Code of Criminal Procedure26
Article 349.3 has been mailed.27
* * *28 HLS 10RS-789 ORIGINAL
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(4) The defendant has neither been surrendered nor appeared within six1
months one hundred eighty days of mailing of the notice of the signing of the2
judgment of bond forfeiture.3
(5) More than six months one hundred eighty days has lapsed from the4
mailing of the proper notice of the signing of the judgment of bond forfeiture.5
* * *6
C.(1)(a) The commissioner of insurance shall within ten days of receipt of7
the request for rule to show cause issued by the prosecuting attorney send notice to8
the commercial surety underwriter setting a date for a rule to show cause not less9
than three days nor more than ten days from the issuance of the commissioner's10
notice. At the rule to show cause, the commissioner may consider only issues which11
would interrupt the enforceability of the judgment.12
(b) Within thirty days of the filing of a rule to show cause by the prosecuting13
attorney with the commissioner of insurance, the commissioner of insurance shall14
notify the insurance company, the commercial surety, or Lloyd's Association, in15
writing, at the address of the home office of that organization by certified mail,16
setting a time, place, and date of the commissioner's hearing, which shall not be more17
than sixty days from the date of receipt of notice from the prosecuting attorney. If18
after the hearing, the insurance commissioner finds that there is no just cause or legal19
reason for the surety's nonpayment, the commissioner shall take any action deemed20
necessary for collection of the amount owed, including suspension of the surety from21
doing business in the state of Louisiana.22
(2) The commissioner shall order the commercial surety underwriter to pay23
immediately the judgment of bond forfeiture, if the commissioner finds that all of the24
following are true:25
* * *26
(b) Proper notice Notice pursuant to R.S. 15:85 Code of Criminal Procedure27
Article 349.3 has been mailed.28
* * *29 HLS 10RS-789 ORIGINAL
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(d) The defendant has neither been surrendered nor appeared within six1
months one hundred eighty days of mailing of the notice of the signing of the2
judgment of bond forfeiture.3
(e) More than six months has one hundred eighty days has lapsed from the4
mailing of the proper notice of the signing of the judgment of bond forfeiture.5
* * *6
D. The burden of proof at the hearing shall be upon the commercial surety7
by a preponderance of evidence and shall be limited to documents contained in the8
official court record where the judgment was rendered. The surety company may use9
evidence not contained in the record to show that it did not receive post-forfeiture10
notice or the post-forfeiture notice required pursuant to R.S. 15:85 Code of Criminal11
Procedure Article 349.3 was not properly mailed.12
* * *13
§1585 Surrender for nonpayment of premium14
A. Before a breach of an undertaking occurs, a surety or bail bond producer15
may surrender a defendant, or the defendant may surrender himself, to the official16
to whose custody the defendant was committed at the time the bail was given. The17
defendant may be surrendered without a return of the premium if he changes18
addresses without notifying his bail bond producer or surety, conceals himself,19
leaves the jurisdiction of the court without the permission of his bail bond producer20
or surety, fails to appear in any court at any time, or if the indemnitor seeks to relieve21
himself of his obligation on the bond or if the defendant is convicted of a felony but22
sentence is not yet imposed. A bail bond producer shall not surrender a client for23
nonpayment of a premium until thirty days after the date the bond is posted.24
* * *25
Section 5. Code of Criminal Procedure Articles 322(D) and (E), 339, and 340(E) and26
R.S. 15:87 are hereby repealed in their entirety.27 HLS 10RS-789 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Burrell HB No. 286
Abstract: Provides for a comprehensive revision and consolidation of Louisiana's bail bond
laws.
Proposed law provides for the revision and consolidation of Louisiana's bail bond law. The
majority of changes are related to consolidation and redesignation of the provisions of
present law and statutory references regarding the redesignation and consolidation of
proposed law.
Present law (C.Cr.P. Arts. 312 and 339) provides for bail through a commercial surety,
secured or unsecured personal surety, cash deposit and bail without surety; provides that bail
must be posted in full; provides that the court must set a bail amount for each charge and
permits the defendant to select the type of bail.
Proposed law merges these aspects of present law and permits the defendant to post his
property as security.
Present law (C.Cr.P. Art. 313) defines surety per specific provisions of the Civil Code.
Proposed law (C.Cr.P. Art. 313) retains present law but specifies that the definition refers
to its use in the Code of Criminal Procedure and cites, for the definition of a surety, the Civil
Code without referring to specific provisions.
Present law (C.Cr.P. Art. 315) specifies that a personal surety must be a citizen and resident
of Louisiana whose worth equals the amount specified on the bond. That worth must be
exclusive of property exempt from execution and other liabilities. It provides that when
there is more than one personal surety, the above applies to their aggregate worth.
Proposed law changes present law by changing "citizen and resident of La." to "natural
person domiciled in this state"; uses the term "value" in place of "worth" and provides that
property used to determine value must be located in the state and be subject to seizure.
Present law (C.Cr.P. Art. 318) defines secured personal surety.
Proposed law retains present law but specifies that immovable mortgaged as security for the
bail obligation must be located in La.
Present law (C.Cr.P. Art. 319) permits a secured personal surety to use recorded proof a
security interest in immovable property as security for the bail obligation. Provides that
certain requirements shall be waived only on holidays or weekends.
Proposed law deletes the holiday and weekend exception.
Proposed law specifically outlines the required procedure, form, and content of the required
documents and provides a procedure for canceling the mortgage for secured personal
sureties, authorizes the court to accept a security interest in movable property. Proposed law
imposes sanctions for providing false or incorrect statements.
Present law (C.Cr.P. Art. 322) requires the defendant and a personal surety when signing a
bail bond, to provide his residence address; requires a commercial surety, agent, or HLS 10RS-789 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
bondsmen to provide a mailing address. Present law permits the defendant to appoint his
counsel as his agent for service of notice to appear. Present law provides that by signing the
bail bond the defendant and his surety waive with certain exceptions the right to notice
exception.
Proposed law requires that the appointment of defense counsel as the defendant's agent shall
be by joint affidavit.
Present law (C.Cr.P. Art. 326(B)) provides that in a misdemeanor case, the surety is relieved
of all obligations under the bond upon conviction and sentencing; provides that in a felony
case that the surety is relieved upon a plea of guilty or nolo contendere unless the surety
agrees in writing to continue the bail undertaking or posts another bond; provides that the
court may require the defendant, in all cases, to provide security to assure his presence at
future stages; the court may in such case continue the existing bail upon the surety's written
approval.
Proposed law (C.Cr.P. Art. 326(B)) retains present law in misdemeanor cases; provides that
in the case of a guilty or nolo contendere plea in a felony case the court may continue the
existing bond with the surety's approval which must be obtained after conviction.
Present law (C.Cr.P. Art. 330.2(E)) provides for the types of bail authorized for a sex
offense.
Proposed law (C.Cr.P. Art. 330.2(E)) retains present law but rewords the types of bail to be
consistent with the revisions to Art. 312.
Present law (C.Cr.P. Art. 332(A)) coordinates with C.Cr.P. Art. 326(B) and provides that a
convicted defendant remains in jail unless released on bail as per Paragraphs B-D.
Proposed law (C.Cr.P. Art. 332(A)) retains present law and coordinates present law with Art.
326.
Present law (C.Cr.P. Art. 334.1) prohibits in a felony case, when a firearm is involved, the
release of a defendant on his own recognizance.
Proposed law (C.Cr.P. Art. 334.1) changes present law to provide that the prohibited bail to
release on his personal undertaking without security or with an unsecured personal surety.
Present law (C.Cr.P. Art. 334.3(A)(2)) provides for the release of a person who voluntarily
surrenders following revocation or forfeiture only on bail through a commercial surety.
Proposed law (C.Cr.P. Art. 334.3(A)(2)) retains present law but rewords the type of bail to
be consistent with the revisions to C.Cr.P. Art. 312.
Present law (C.Cr.P. Art. 338) provides that the order fixing bail shall be in writing; sets the
type and amount for each charge; provides that the magistrate shall sign the order; provides
that an order may issue upon motion of the state, defendant, or magistrate.
Proposed law (C.Cr.P. Art. 338) retains present law but specifies that a judge may also set
the bail, sign the order, or initiate the motion to fix bail; changes "type and single amount
of bail" for each charge to "amount of bail for each charge".
Present law (C.Cr.P. Arts. 338 and 340(E)) requires a contradictory hearing in certain cases,
based on the parish’s population, prior to fixing bail in a felony case.
Proposed law (C.Cr.P. Art. 338 and repeal of C.Cr.P. Art. 340(E)) deletes that requirement. HLS 10RS-789 ORIGINAL
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Present law (C.Cr.P. Art. 342) provides for a contradictory hearing in certain cases, based
on the parish's population, prior to modifying bail.
Proposed law (C.Cr.P. Art. 342) deletes that requirement.
Present law (C.Cr.P. Art. 345(D)) provides if during the six-month period for the surrender
of the defendant the defendant is incarcerated in another parish the defendant may file a
motion to declare the obligations under the bond are satisfied. The motion must be filed
within six months and must provide proof of the defendant’s incarceration during the period
allowed for the defendant's surrender.
Present law (C.Cr.P. Art. 345(D), (G), and (I)(2)) specifies a six-month period for the
surrender of the defendant.
Proposed law retains present law but designates the time period as 180 days rather than six
months.
Proposed law (C.Cr.P. Art. 345(D)(1)) retains present law but specifies that the motion shall
be heard summarily.
Present law provides for a twelve-month period under certain circumstances.
Proposed law retains present law but specifies the period as 366 days.
Present law (C.Cr.P. Art. 344(A)) provides for immediate bond forfeiture upon defendant's
nonappearance.
Proposed law (C.Cr.P. Art. 349(B)) retains present law but also permits the court to set the
bond forfeiture hearing at a later date.
Present law provides for the proof necessary to obtain a judgment of bond forfeiture, the
issuance of an arrest warrant upon the defendant's nonappearance, the notice of bond
forfeiture, recordation of a judgment of bond forfeiture, the procedure for an action in
nullity, the use of summary proceedings, cumulative actions, collection by the insurance
commissioner, and the effect of improper cummulation.
Proposed law retains all these provisions of present law but renumbers and redesignates
these provisions in proposed law for uniformity and clarity of the provisions of proposed
law.
Proposed law designates the delay within which to bring summary proceedings as 180 days
rather than six months.
Present law (R.S. 15:85(6)) provides for an appeal from the judgment of bond forfeiture and
specifies the security required.
Proposed law (C.Cr.P. Art. 349.6) retains present law and provides for a 60-day period to
suspensively appeal a judgment of bond forfeiture.
Present law (R.S. 15:85(7)) provides for the collection and enforcement of a judgment of
bond forfeiture.
Proposed law (C.Cr.P. Art. 349.7) retains present law. Specifies that the delay is 190 days
rather than six months plus 10 days.
Proposed law (C.Cr.P. Art. 349.8) retains the essence of present law and uses a 180-day
period rather than six months, for satisfaction of a judgment of bond forfeiture. HLS 10RS-789 ORIGINAL
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are additions.
Present law (R.S. 15:87) provides for nonforfeiture situations of an appearance bond.
Proposed law (C.Cr.P. Art. 349.9) changes present law to remove a private physician as a
responsible officer. Proposed law specifies a 180-day period rather than six months within
which to file a motion to set aside the judgment of bond forfeiture. Proposed law also adds
a member of the Louisiana National Guard called to duty to the list of nonforfeiture
situations.
Present law (C.Cr.P. Art. 955(F)) provides for the suspension of time limitations in certain
situations.
Proposed law (C.Cr.P. Art. 955(F)) retains the present law but changes internal citations to
reflect these revisions and changes months to days.
Present law (R.S. 15:85(11)) provides for the failure to satisfy a judgment of bond forfeiture.
Proposed law (R.S. 15:85) specifically provides that the appropriate court for the rule to
show cause is the district court in the parish where the bond is forfeited. Proposed law
updates an internal citation and calculates time periods in days rather than months.
Present law (R.S. 15:88) defines "appearance bond" and provides for the disposition, in the
case of discharge or forfeiture, of items deposited in lieu of a bond.
Proposed law (R.S. 15:88) retains present law and includes movables among those items
deposited in lieu of bond (as permitted by Art. 319(E)).
Present law (R.S. 22:1441(A)(2), (4), and (5), (C)(1)(a), (2)(b), (d) and (e), and (D)) provides
for the failure to timely satisfy claim under a criminal bond contract.
Proposed law retains the present law, updates internal citations and substitutes 180 days for
six months. Proposed law also provides for the commissioner of insurance to hold a show
cause hearing and provides for remedies.
Present law (R.S. 22:1585(A)) provides that the defendant may be surrendered without a
return of premium under certain circumstances.
Proposed law retains present law but adds surrender if the defendant is convicted but
sentence is not imposed.
Present law (C.Cr.P. Art. 340(E)) provides for a contradictory hearing under certain
circumstances in felony cases to fix bail.
Proposed law repeals present law.
(Amends C.Cr.P. Arts. 312, 313, 315, 318, 319, 322(A), (B), and (C), 326(B), 330.2(E),
332(A), 334.1, 334.3(A)(2), 338, 342, 344, 345(A),( B), (C), (D)(intro.para.) and (1) and (2),
(G), (I)(intro paragraph) and (2), (J)(intro.para.) and (2) and 955(F); R.S. 13:846(A)(1)(c),
R.S. 15:85, 86, 88, and R.S. 22:1441(A)(2), (4), and (5), (C)(1) and (2)(b), (d), and (e), and
(D), and 1585(A); Adds C.Cr.P. Arts. 349 and 349.1-349.9; Repeals C.Cr.P. Arts. 322(D)
and (E), 339, and 340(E) and R.S. 15:87)