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ACT No. 914
Regular Session, 2010
HOUSE BILL NO. 286
BY REPRESENTATIVES BURRELL, BARROW, AND HARDY
(On Recommendation of the Louisiana State Law Institute)
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, and 88, and R.S. 22:1441(A)(2), (4), and (5), (C)(1)6
and (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 ENROLLEDHB NO. 286
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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 in Paragraphs C and D of this Article, all bail must14
be posted in the full amount 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 thereof.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 Louisiana 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
incorporeal moveable or immovable property, the amount specified in the bail bond.30 ENROLLEDHB NO. 286
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The worth value of the property of the surety shall be exclusive of the amount of any1
other bail bond on which he may be principal or surety, exclusive of exclude2
property exempt from execution, and shall be over and above all his other liabilities3
including the amount of any other bail bond on which he may be principal or surety.4
When there is more than one personal surety, the above requirements of this Article5
shall apply to their the aggregate worth value of their property. No personal surety6
shall charge a fee or receive any compensation for posting a personal surety bond on7
behalf of any person.8
* * *9
Art. 318. Secured personal surety10
A secured personal surety is a personal surety who meets all the11
qualifications of law and specifically mortgages immovable property located in the12
state of Louisiana. or gives security interest in immovable property located in the13
state of Louisiana to secure the bail obligation.14
Art. 319. Proof of security interest Conditions for providing a property bond15
Prior to the release of any criminal defendant on a secured personal surety16
bond, the personal surety shall present to the officer authorized to accept the bond17
recorded proof of a security interest in immovable property in favor of the state of18
Louisiana or the proper political subdivision, as proof that the value of the security19
interest less any encumbrances is equal to or greater than the full amount of the bail20
as set by the court. These requirements shall not be waived, except on weekends or21
holidays, and then only when sufficient proof shall be submitted to the officer22
authorized to accept the bond.23
A. A defendant or a secured personal surety, pursuant to Article 312, may24
establish a legal mortgage over immovable property in favor of the state of Louisiana25
or the proper political subdivision to secure a bail obligation.26
B. The mortgage is established upon the recordation of a written mortgage,27
in authentic form satisfactory to the officer authorized to receive the bail, in the28
mortgage records of the parish where the immovable is located that:29
(1) Contains the name and signature of the person making the mortgage.30 ENROLLEDHB NO. 286
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(2) Describes the immovable and declares that a mortgage is given over it1
as security for the performance of the bail obligation.2
(3) Certifies that the person making the mortgage owns the immovable and3
states its value, in excess of the amount of all encumbrances against it.4
(4) Attaches to it a copy of the order fixing the bail obligation.5
C. The person providing the security shall deliver a certified copy of the6
recorded statement establishing the mortgage and a mortgage certificate to the officer7
authorized to receive the bail. The officer may require additional evidence of8
ownership and value of the mortgaged property including a copy of the current tax9
assessment.10
D.(1) The recorder shall cancel the mortgage from his records upon the order11
of the court.12
(2) In all other cases, the effect of its recordation shall cease ten years after13
its recordation unless it is reinscribed in the manner otherwise provided by law.14
E. Any materially false or incorrect statements made by a person who15
intentionally and knowingly gives a mortgage or security interest pursuant to this16
Article shall be prima facie proof of a violation of the provisions of R.S. 14:125,17
false swearing.18
* * *19
Art. 322. Declaration of residence by defendant and surety; waiver of notice20
A. The defendant and personal surety when signing a bail bond shall write21
the address at which each can be served under his their respective signature22
signatures. the address at which he resides The address shall be conclusively23
presumed to continue for all proceedings on the bond, until he files in the proceeding24
in which the bond was given a written declaration changing the address. The25
defendant and his counsel may, by joint affidavit filed of record in the proceeding26
in which the bond was given, appoint his counsel as his agent for service of notice27
to appear. The appointment shall be conclusively presumed to continue until the28
defendant files of record an affidavit revoking or changing the appointment. The29
affidavit shall include the address at which to serve his counsel. A commercial30 ENROLLEDHB NO. 286
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surety shall inscribe its proper mailing address on the face of the power of attorney1
used to execute the bond. The agent or bondsman posting the bond shall write his2
proper mailing address under his signature.3
B. A personal surety signing a bail bond shall write under his signature the4
address at which he resides. The address Each address provided pursuant to5
Paragraph A of this Article shall be conclusively presumed to continue for all6
proceedings on the bond, until the party providing the address changes it by filing7
he files in the proceeding in which the bond was given a written declaration changing8
the address in the proceeding for which the bond was filed.9
C. A commercial surety shall inscribe on the face of the power of attorney10
used to execute the bond its proper mailing address. This address shall be11
conclusively presumed to continue for all the proceedings on the bond, until a written12
declaration changing the address is filed in the proceeding in which the bond was13
given. By signing the bail bond, the defendant and his surety waive any right to14
notice, except that provided for in Articles 344 and 349.3.15
* * *16
Art. 326. Condition of the bail undertaking17
* * *18
B.(1) Upon conviction and imposition of sentence or the pronouncement of19
sentence or condition of probation pursuant to Article 894 in misdemeanor cases, the20
bail undertaking shall cease and the surety shall be relieved of all obligations under21
the bond.22
(2) Upon entry of a plea of guilty or nolo contendere conviction in any23
felony case, the bail undertaking shall cease and the surety shall be relieved of all24
obligations under the bond, unless the surety has agreed in writing to continue on the25
existing bail undertaking or has posted another bond.26
(3) In all cases, if necessary to assure the presence of the defendant at all27
future stages of the proceedings, if any, the court may in its discretion, in accordance28
with Article 332 require the defendant to post another bond or other acceptable29
security, or may release the defendant on bail without surety as provided for in30 ENROLLEDHB NO. 286
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Article 325. The court may continue the existing bail undertaking with the written1
approval of the surety on the bond. Such approval must be obtained from the surety2
in accordance with the provisions of this Paragraph after conviction.3
* * *4
Art. 330.2. Bail hearing for certain sex offenders; detention5
* * *6
E. The types or forms of bail which may be posted for a sex offense are7
secured personal surety as authorized by Article 318, commercial surety as8
authorized by Article 314, and cash deposits as authorized by Article 324. The9
posting of bail through use of unsecured personal surety as authorized by Article 31710
is prohibited.11
(1) The posting of bail with an unsecured personal surety as authorized by12
Article 317 for a sex offense is prohibited.13
(2) The only types of bail that may be posted for a sex offense are:14
(a) Bail with a secured personal surety as authorized by Article 318.15
(b) Bail with a commercial surety as authorized by Article 314.16
(c) Bail with a cash deposit as authorized by Article 324.17
* * *18
Art. 332. Bail after conviction19
A. A convicted person shall be remanded to jail to await sentence unless any20
of the following occur:21
(1) He is allowed to remain free on a bail obligation posted prior to22
conviction by operation of Article 326(B), and the bail previously fixed is in23
accordance with all of the applicable provisions of this Article.24
(2) he He is released by virtue of a on bail obligation posted after conviction,25
which bail was fixed in accordance with this Article.26
* * *27
Art. 334.1. Felony involving firearm; release on own recognizance prohibited bail28
Notwithstanding any other provision of law to the contrary, the The court29
shall not release any defendant on his own recognizance who has been arrested for30 ENROLLEDHB NO. 286
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a felony offense, an element of which is the discharge, use, or possession of a firearm1
on his personal undertaking without security or with an unsecured personal surety.2
* * *3
Art. 334.3. Prohibition on subsequent bail obligation following revocation or4
forfeiture; certain offenses5
A.6
* * *7
(2) Any person who voluntarily surrenders following revocation or forfeiture8
of bail may be released only on bail through with a commercial surety and in an9
amount higher than the original bail.10
* * *11
Art. 338. Form and contents of bail order12
An order fixing bail shall be in writing, set the type and a single amount of13
bail for each charge, designate the officer or officers authorized to accept the bail,14
and shall be signed by the magistrate. The An order fixing bail may issue on motion15
request of the state or defendant, or on the initiative of the judge or magistrate's16
magistrate own initiative. In any parish with a population in excess of four hundred17
ninety thousand, as established by the 1990 U.S. Decennial Census, the magistrate18
or district court shall hold a contradictory hearing prior to fixing bail in any felony19
case.20
* * *21
Art. 342. Increase or reduction of bail; sufficiency of security22
The court having trial jurisdiction over the offense charged, on its own23
motion or on motion of the state or defendant, for good cause, may either increase24
or reduce the amount of bail, or require new or additional security. For purposes of25
this Article, good cause for increase of bail specifically includes but is not limited26
to the rearrest of the defendant on offenses alleged to have been committed while out27
on bond. However, in any parish with a population in excess of four hundred ninety28
thousand, as established by the 1990 U.S. Decennial Census, the district court shall29
hold a contradictory hearing prior to a modification of the bail order. The30 ENROLLEDHB NO. 286
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modification of any bail order wherein a bail bond has been posted by a criminal1
defendant and his sureties shall upon said modification terminate the liability of the2
defendant and his sureties under the previously existing bail contract. A new bail3
must be posted in the amount of the new bail order.4
* * *5
Art. 344. Right to notice of time and place of defendant's required appearance6
A. When a bail bond fixes the initial an appearance date, the defendant7
appears as ordered, and notice of the next appearance date is given to the defendant,8
no additional notice of that appearance date is required to be given to the defendant9
or the personal surety or the commercial surety or the agent or bondsman who posted10
the bond for the commercial surety, if the defendant appears as ordered. If a11
defendant fails to appear when a bail bond fixes the initial appearance date, no12
additional preforfeiture notice for that date is required to be given to the defendant13
or the personal surety or the commercial surety or the agent or bondsman who posted14
the bond for the commercial surety. The bond shall be forfeited forthwith as per R.S.15
15:85.16
B.(1) When a bail bond does not fix the appearance date, and the presence17
is required of a person who has been released on bail, written notice of the time, date,18
and place the defendant, or his duly appointed agent, is first ordered by the court to19
appear shall be given to the defendant or his duly appointed agent and his personal20
surety or the commercial surety or the agent or bondsman who posted the bond for21
the commercial surety shall be given written notice of the time, date, and place the22
principal is required to appear.23
(2) The notice may be delivered to the defendant or his duly appointed agent24
and the personal surety or the commercial surety or the agent or bondsman who25
posted the bond for the commercial surety by an officer designated by the court, at26
least two days prior to the day set for the appearance; or this notice may be mailed27
by United States first class mail to the defendant or his duly appointed agent and his28
personal surety or the commercial surety or the agent or bondsman who posted the29
bond for the commercial surety, at least three days prior to the day set for the30 ENROLLEDHB NO. 286
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appearance. The notice shall be mailed to the defendant or his duly appointed agent1
and his personal surety or the commercial surety or the agent or bondsman who2
posted the bond for the commercial surety to the address designated pursuant to3
Article 322.4
(3) C. If the defendant appears as ordered and the proceeding is continued5
to a specific date, the defendant or his duly appointed agent and the personal surety6
or the commercial surety or the agent or bondsman who posted the bond for the7
commercial surety need not be given notice of the new appearance date. If the8
defendant fails to appear as ordered, or the proceeding is not continued to a specific9
date, the defendant or his duly appointed agent, the personal surety or the agent or10
bondsman who posted the bond for the commercial surety shall be given notice of11
the new appearance date.12
(4) Failure to give notice, as required by this Paragraph, relieves the surety13
from liability on a judgment of bond forfeiture for the defendant's non-appearance14
on that particular date.15
D. Notice required pursuant to the provisions of this Article to the defendant16
and the personal surety or the commercial surety or the agent or bondsman who17
posted the bond for the commercial surety shall be made to the address provided18
pursuant to Article 322. Notice may be:19
(1) Delivered by an officer designated by the court at least two days prior to20
the appearance date.21
(2) Mailed by United States first class mail at least five days prior to the22
appearance date.23
E. Failure to give the notice required by this Article relieves the surety from24
liability on a judgment of bond forfeiture for the nonappearance of the defendant on25
that particular date.26
Art. 345. Surrender of defendant27
A. A surety may surrender the defendant or the defendant may surrender28
himself, in open court or to the officer charged with his detention, at any time prior29
to forfeiture or within the time allowed by law for setting aside a judgment of30 ENROLLEDHB NO. 286
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forfeiture of the bail bond. For the purpose of surrendering the defendant, the surety1
may arrest him. Upon surrender of the defendant, the officer shall detain the2
defendant in his custody as upon the original commitment and shall acknowledge the3
surrender by a certificate signed by him and delivered to the surety. Thereafter,4
After compliance with the provisions of Paragraph F of this Article, the surety shall5
be fully and finally discharged and relieved of any and all obligation obligations6
under the bond.7
B. If the defendant is incarcerated by the officer originally charged with his8
detention at any time prior to forfeiture or within the time allowed by law for setting9
aside a judgment for forfeiture of the bail bond, the surety may apply for and receive10
from any officer in charge of any facility in the state of Louisiana or a foreign11
jurisdiction charged with the detention of the defendant a letter verifying that the12
defendant is incarcerated, but only after the surety verifies to the satisfaction of the13
officer charged with the detention of the defendant as to the identity of the defendant.14
Thereafter, After compliance with the provisions of Paragraph F of this Article, the15
surety shall be fully and finally discharged and relieved of any and all obligation16
obligations under the bond.17
C. When a surety receives either a certificate of surrender provided for in18
Paragraph A of this Article or a letter of verification as provided for in Paragraph B19
of this Article, the surety shall pay a fee of twenty-five dollars to the officer charged20
with the defendant's detention for recalling the capias, accepting the surrender or21
verifying the incarceration, processing the paperwork, and giving the surety a22
certificate of surrender or a letter of verification of incarceration issued pursuant to23
this Article after compliance with the provisions of Paragraph F of this Article24
releasing him from his obligation under the defendant's bond.25
D. If during the six-month period allowed for the surrender of the defendant,26
the defendant is found to be incarcerated in another parish of the state of Louisiana27
or a foreign jurisdiction, the judgment of bond forfeiture is deemed satisfied if all of28
the following conditions are met:29 ENROLLEDHB NO. 286
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(1) The defendant or his sureties file a motion in summary proceeding within1
the six-month period allowed for the surrender of the defendant. The motion shall2
be heard summarily.3
(2) The defendant's sureties of the defendant produce to provide the court4
adequate proof of defendant's incarceration of the defendant, or the officer originally5
charged with defendant's his detention verifies the defendant's his incarceration. A6
letter of incarceration issued pursuant to this Article verifying that the defendant was7
incarcerated within the six-month period allowed for the surrender of the defendant8
at the time the defendant or the surety files the motion, shall be deemed adequate9
proof of the defendant's incarceration of the defendant.10
* * *11
G. During the six-month period provided for surrendering the defendant, the12
surety may request from that the officer originally charged with the detention of a13
felony defendant's detention defendant that place the name of the felony defendant's14
name be placed defendant into the National Crime Information Center registry.15
Upon such a request, the The surety shall pay to the that officer originally charged16
with the felony defendant's detention a fee of twenty-five dollars for processing such17
the placement. If, after the request by the surety and payment of the twenty-five-18
dollar fee, the defendant's name of the defendant is removed from the National19
Crime Information Center registry without cause during the six-month period20
provided for surrendering the defendant, the surety shall be relieved of all obligations21
under the bond.22
* * *23
I. In addition to and notwithstanding any other provision of law, a surety24
may seek an extension of time to surrender a defendant, or have the judgment of25
bond forfeiture set aside by filing a motion in the criminal court of record and after26
contradictory hearing with the district attorney and with proof satisfactory to the27
discretion of the court that a fortuitous event has occurred and that such the event has28
made it impossible to perform his performance as required under the contract29
impossible to perform. A motion seeking relief pursuant to this Paragraph must be30 ENROLLEDHB NO. 286
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filed within twelve months three hundred sixty-six days from the date of the1
fortuitous event, excluding legal delays. The court in its discretion may do any of2
the following:3
* * *4
(2) Grant an extension of time up to twelve months three hundred sixty-six5
days from the expiration of the initial six month time period allowed for the6
surrender of the defendant from the date of the mailing of proper notice of bond7
forfeiture. If the court grants that extension, judicial interest shall be suspended8
during that additional time period.9
* * *10
J. Regarding bail bond forfeitures for which the notices of bond forfeiture11
judgments were mailed between February 28, 2005, and September 21, 2005,12
inclusive, in addition to and notwithstanding any other provision of law, the13
defendant or the surety may seek an extension of time to surrender a defendant or to14
have a judgment of bond forfeiture set aside by filing a motion in the criminal court15
record and after contradictory hearing with the district attorney and with proof16
satisfactory to the discretion of the court that after reasonable effort to recover the17
wanted fugitive, the location and return of the wanted fugitive was made impossible18
by damage sustained during and immediately following Hurricane Katrina or19
Hurricane Rita. Such motion must be filed within twelve months three hundred20
sixty-six days of the date of the storm, the effect of which gives rise to the request21
for relief excluding legal delays. A motion seeking relief pursuant to this Paragraph22
must be filed within twelve months three hundred sixty-six days from the date of the23
fortuitous event, excluding legal delays. The court in its discretion may do any of24
the following:25
* * *26
(2) Grant an extension of time up to twelve months three hundred sixty-six27
days from the expiration of the initial six month time period allowed for the28
surrender of the defendant from the date of the mailing of proper notice of bond29 ENROLLEDHB NO. 286
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forfeiture. If the court grants that extension, judicial interest shall be suspended1
during that additional time period.2
* * *3
Art. 349. Forfeiture procedure4
A. A bond that secures the appearance of a person before a court in the state5
of Louisiana shall be forfeited and collected as provided by law.6
B. The court shall immediately issue a warrant for the arrest of the person7
failing to appear and order a judgment decreeing the forfeiture of the bond and8
against the defendant and his sureties in solido for the full amount of the bond.9
Art. 349.1. Failure to appear; issuance of arrest warrant10
If at the time fixed for appearance the defendant fails to appear as required11
by the court, the judge may, or shall on motion of the prosecuting attorney, issue a12
warrant for the arrest of the defendant.13
Art. 349.2. Proof necessary at bond forfeiture hearing14
Upon motion of the prosecuting attorney, and upon proof of the bail contract,15
the power of attorney if any, notice to the defendant and the surety as required by16
Article 344, and the defendant's failure to appear as required, a bond shall be17
forfeited and a judgment of bond forfeiture shall be signed.18
Art. 349.3. Notice of judgment19
A.(1) After entering the fact of the signing of the judgment of bond forfeiture20
in the court minutes, the clerk of court shall promptly mail notice of the signing of21
the judgment of bond forfeiture. The notice of the signing of the judgment shall be22
mailed by United States certified mail with return receipt affixed thereto to the23
defendant, the personal surety, the agent or bondsman who posted the bond for the24
commercial surety, and the commercial surety at the addresses designated in Article25
322. Notice to the commercial surety shall include the power of attorney number26
used to execute the bond without which the bond obligation of the commercial surety27
shall be suspended until the power of attorney number is supplied, provided the28
commercial surety provides notice to the clerk of court who mailed the notice to the29
surety of the failure to include such number in the notice by certified mail not later30 ENROLLEDHB NO. 286
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than thirty days following receipt of notice of the judgment. If the power of attorney1
number is not provided to the commercial surety within thirty days after the date of2
receipt by the clerk of court of the notice that it was not included in the notice of the3
judgment, the commercial surety shall be released from the bond obligation.4
(2) The defendant shall reimburse the clerk of court for postage and other5
costs incurred by the clerk to send the notice required in Paragraph A of this Article.6
B. After mailing the notice of the signing of the judgment of bond forfeiture,7
the clerk of court shall execute an affidavit of the mailing and place the affidavit and8
the return receipts in the record.9
C. Failure to mail notice of the signing of the judgment within sixty days10
after the defendant fails to appear shall release the sureties of all obligations under11
the bond.12
Art. 349.4. Recordation of judgment13
After mailing notice of the signing of the judgment of bond forfeiture, the14
district attorney shall cause the judgment to be recorded in every parish in which the15
recordation may be proper. Every such recordation shall be without cost and shall16
operate as a judicial mortgage against the defendant and all his sureties.17
Art. 349.5. Nullity actions, summary proceedings, and cumulative actions18
A.(1) The defendant and his sureties shall be entitled to assert defenses and19
actions in nullity by use of summary proceedings in the criminal matter before the20
trial court that issued the judgment of bond forfeiture within sixty days after the date21
of mailing the notice of the signing of the judgment of bond forfeiture. Any22
summary proceeding brought by the defendant or his sureties within the sixty-day23
period shall be determined by the court within one hundred eighty days of the date24
of mailing the notice of the signing of the judgment of bond forfeiture.25
(2) Nullity actions pursuant to Code of Civil Procedure Article 2001 et seq.26
not filed within the sixty days provided for filing summary proceedings shall be27
brought by the use of ordinary civil proceedings.28
B. The defendant and his sureties shall be entitled to assert defenses pursuant29
to Articles 345 and 349.9 by use of summary proceedings in the criminal matter30 ENROLLEDHB NO. 286
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before the trial court that issued the judgment of bond forfeiture within one hundred1
eighty days after the date of mailing the notice of the signing of the judgment of2
bond forfeiture.3
C. A surety, in an action in nullity or to set aside a bond forfeiture, may4
cumulate two or more cases that are similarly situated by the facts and legal issues5
as one cumulative action. The actions cumulated shall be mutually consistent and6
employ the same form of procedure. The action may be by summary proceedings7
in the section of the criminal court where those cases are pending, or by an ordinary8
civil proceeding when the action is within the jurisdiction of the court and in the9
proper venue. The surety has the burden of proving that the cumulation of the10
actions is appropriate and in the interest of justice.11
D. If the court lacks jurisdiction or venue is improper as to one of the actions12
cumulated, that action shall be dismissed. If the cumulation is improper for any13
other reason, the court may do either of the following:14
(1) Order separate trials or hearings of the actions.15
(2) Order the moving party to elect which action shall proceed and to amend16
the pleadings to delete all allegations relating to the discontinued action. The penalty17
for noncompliance with an order to amend is a dismissal of the entire proceeding.18
Art. 349.6. Appeals19
A. The defendant and his sureties shall have the right to a suspensive appeal20
from the judgment of bond forfeiture, which shall be perfected within sixty days after21
the date of mailing the notice of the signing of the judgment. The security for the22
appeal shall be equal to the bail obligation.23
B. The defendant and his sureties shall have the right to a devolutive appeal24
from the judgment of bond forfeiture, which shall be perfected within one hundred25
twenty days after the date of mailing the notice of the signing of the judgment.26
C. All appeals shall be proper in the court having appellate jurisdiction over27
the court issuing the judgment of bond forfeiture.28 ENROLLEDHB NO. 286
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Art. 349.7. Enforcement of judgment1
A.(1) No judgment of bond forfeiture rendered on or after August 15, 1997,2
shall be enforced until after the expiration of one hundred ninety days after the date3
of mailing the notice of the signing of the judgment of bond forfeiture for bonds that4
have a face value under fifty thousand dollars, or until after the expiration of two5
hundred eighty days for bonds that have a face value of fifty thousand dollars or6
more.7
(2) The court may provide by court rule for the filing of an offset claim8
against the principal with the secretary of the Department of Revenue, in accordance9
with R.S. 47:299.1 et seq.10
(3) If, after the expiration of one hundred ninety days after the date of11
mailing the notice of the signing of the judgment of bond forfeiture for bonds that12
have a face value under fifty thousand dollars, or after the expiration of two hundred13
eighty days for bonds that have a face value of fifty thousand dollars or more, a14
judgment of bond forfeiture against a commercial surety company has not been15
suspensively appealed or satisfied, or if proceedings, other than a devolutive appeal16
challenging the bond forfeiture have not been timely filed, the prosecuting attorney17
may either file a rule to show cause with the commissioner of insurance in18
accordance with R.S. 22:1441 or collect the judgment in the same manner as a civil19
judgment.20
B. The timely filing of a suspensive appeal shall suspend the enforcement21
of the judgment of the bond forfeiture.22
Art. 349.8. Satisfaction of judgment of bond forfeiture23
A.(1) For bonds that have a face value under fifty thousand dollars, a24
judgment forfeiting the appearance bond shall at any time, within one hundred eighty25
days after the date of mailing the notice of the signing of the judgment of bond26
forfeiture, be fully satisfied and set aside upon the surrender of the defendant or the27
appearance of the defendant. The surrender of the defendant also relieves the surety28
of all obligations under the bond and the judgment.29 ENROLLEDHB NO. 286
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(2) A judgment forfeiting the appearance bond rendered according to this1
Title shall at any time, within ten days of the one-hundred-eighty-day period2
provided to surrender the defendant, be satisfied by the payment of the amount of the3
bail obligation without incurring any interest, costs, or fees.4
B.(1) For bonds with a face value of fifty thousand dollars or more, a5
judgment forfeiting the appearance bond shall, at any time within one hundred eighty6
days after the date of mailing the notice of the signing of the judgment of bond7
forfeiture, be fully satisfied and set aside upon the surrender or the appearance of the8
defendant. The appearance of the defendant shall satisfy the judgment, and the9
surrender shall relieve the surety of all obligations under the bond and the judgment.10
A judgment forfeiting the appearance bond shall, at any time within ten days after11
the expiration of the period provided to surrender the defendant, be fully satisfied by12
the payment of the amount of the bail obligation without incurring any interest, costs,13
or fees.14
(2) A judgment forfeiting the appearance bond shall, at any time more than15
one hundred eighty days but within two hundred seventy days after the date of16
mailing the notice for the signing of the judgment of bond forfeiture, be satisfied and17
set aside upon the surrender or the appearance of the defendant and the payment in18
cash of ten percent of the face amount of the bond. The surrender and the payment19
in cash of ten percent of the face amount of the bond shall satisfy the judgment and20
shall relieve the surety of all obligations under the bond and the judgment. A21
judgment forfeiting the appearance bond shall, at any time within ten days after the22
expiration of the two-hundred-seventy-day period provided to surrender the23
defendant, be fully satisfied by the payment of the amount of the bail obligation24
without incurring any interest, costs, or fees.25
Art. 349.9. Nonforfeiture situations26
A. A judgment decreeing the forfeiture of an appearance bond shall not be27
rendered if it is shown to the satisfaction of the court that the defendant, principal in28
the bond, is prevented from attending because of any of the following:29
(1) He has a physical disability, illness, or injury.30 ENROLLEDHB NO. 286
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(2) He is being detained in the jail or penitentiary of another jurisdiction.1
(3) He is serving in the armed forces of the United States.2
(4) He is a member of the Louisiana National Guard called to duty pursuant3
to R.S. 29:7. This provision does not apply to appearances in a state military court.4
B. An affidavit by the jailer, warden, or other responsible officer where the5
principal is detained, or commanding officer, attesting to the cause of the failure to6
appear of the defendant shall be considered adequate proof of the inability to appear7
by the defendant.8
C. If a judgment of bond forfeiture is rendered while the defendant is9
prevented from appearing for any reason enumerated in this Article, and if the10
defendant or his sureties file a motion to set aside the judgment of bond forfeiture11
within one hundred eighty days after the date of the mailing the notice of the signing12
of the judgment of bond forfeiture, and it is shown to the satisfaction of the court that13
the defendant was prevented from attending for any cause enumerated in this Article,14
the court shall declare the judgment of bond forfeiture null and void.15
* * *16
Art. 955. Suspension of time limitations in affected courts; ninety days; recision;17
extensions; exceptions18
* * *19
F. When the supreme court makes the determination and orders an20
emergency session of court at a location which are both feasible and practical outside21
the parish or territorial jurisdiction of the affected court, pursuant to Article 944, in22
addition to the provisions of Paragraph A of this Article, the supreme court may23
order an extension of time not to exceed fifteen months four hundred fifty days for24
the surrender of the defendant as provided for in R.S. 15:85 Code of Criminal25
Procedure Article 349.8. This extension of time is in addition to the six months one26
hundred eighty days provided for in R.S. 15:85 Article 349.8 and the ninety days27
provided for in Paragraph A of this Article, and also applies to the deadlines for28
filing motions to set aside judgments of bond forfeiture.29
* * *30 ENROLLEDHB NO. 286
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are additions.
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
required by Article 344 of the Code of Criminal Procedure, shall immediately and30 ENROLLEDHB NO. 286
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are additions.
forthwith issue a warrant for the arrest of the person failing to appear and order a1
judgment decreeing the forfeiture of the bond and against the defendant and his2
sureties in solid for the full amount of the bond.3
(2) Signing of the judgment of bond forfeiture. Following the defendant's4
failure to appear, the court shall sign a written judgment of bond forfeiture.5
(3) Notice of judgment.6
(a) After entering the fact of the signing of the judgment of bond forfeiture7
in the court minutes, the clerk of court shall promptly mail notice of the signing of8
the judgment of bond forfeiture. The notice of the signing of the judgment shall be9
mailed by United States certified mail with return receipt to all of the following:10
(i) The defendant at the address designated pursuant to Code of Criminal11
Procedure Art. 322.12
(ii) The personal sureties at the addresses designated pursuant to Code of13
Criminal Procedure Art. 322.14
(iii) The agent or bondsman who posted the bond for the commercial sureties15
at the address designated pursuant to Code of Criminal Procedure Art. 322.16
(iv) The commercial sureties at the addresses designated pursuant to Code17
of Criminal Procedure Art. 322. Notice to the commercial sureties shall include the18
power of attorney number used to execute the bond without which the bond19
obligation of the commercial surety shall be suspended until the power of attorney20
number is supplied provided the commercial surety provides notice to the clerk of21
court who mailed the notice to the surety of the failure to include such number in the22
notice by certified mail not later than thirty days following receipt of notice of the23
judgment. If the power of attorney number is not provided to the commercial surety24
within thirty days following the date of receipt by the clerk of court of the notice that25
it was not included in the notice of the judgment, the commercial surety shall be26
released from the bond obligation.27
(b) After mailing the notice of the signing of the judgment of bond forfeiture,28
the clerk of court shall execute an affidavit of the mailing and place the affidavit and29
the return receipts in the record.30 ENROLLEDHB NO. 286
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(c) Failure to mail proper notice of the signing of the judgment within sixty1
days after the defendant's failure to appear shall release the sureties of any and all2
obligations under the bond.3
(d) The defendant shall reimburse the clerk of court for all postage costs and4
other costs in connection with Items (a)(i) through (iv) of this Paragraph.5
(4) Recordation of judgment. After mailing notice of the signing of the6
judgment of bond forfeiture, the district attorney shall cause the judgment to be7
recorded in every parish in which he thinks the recordation is proper. Every such8
recordation shall be without cost and shall operate as a judicial mortgage against the9
defendant and all his sureties.10
(5) Summary proceedings. The defendant and his sureties shall be entitled11
to bring defenses and actions in nullity by use of summary proceedings in the12
criminal matter before the trial court which issued the judgment of bond forfeiture13
within sixty days from mailing the notice of the signing of the judgment of bond14
forfeiture. Any summary proceeding brought by the defendant or his sureties within15
the sixty-day period shall be determined by the court within one hundred eighty days16
of mailing the notice of the signing of the judgment of bond forfeiture. The17
defendant and his sureties shall be entitled to bring defenses pursuant to Code of18
Criminal Procedure Art. 345 and R.S. 15:87 by use of summary proceedings in the19
criminal matter before the trial court which issued the judgment of bond forfeiture20
within six months from mailing the notice of the signing of the judgment of bond21
forfeiture.22
(6) Appeals.23
(a) The defendant and his sureties shall have the right to an appeal that24
suspends the effect or the execution of the judgment of bond forfeiture. The security25
to be furnished for this suspensive appeal shall be equal to the bail obligation.26
(b) The defendant and his sureties shall have the right to a devolutive appeal27
of the judgment of bond forfeiture.28
(c) All appeals shall be to the appellate court having general civil appellate29
jurisdiction over the court issuing the judgment of bond forfeiture.30 ENROLLEDHB NO. 286
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(7) Enforcement and collection of judgment. No judgment of bond forfeiture1
rendered on or after August 15, 1997, shall be enforced or collected until ten days2
after the expiration of six months after the mailing of proper notice of the signing of3
the judgment of bond forfeiture for bonds which have a face value under fifty4
thousand dollars, or until ten days after the expiration of nine months for bonds5
which have a face value of fifty thousand dollars or more. The timely filing of a6
suspensive appeal shall suspend the enforcement or collection of the judgment of the7
bond forfeiture. In addition, the court may provide by court rule for the filing of an8
offset claim against the principal with the secretary of the Department of Revenue,9
in accordance with R.S. 47:299.1 through 299.20. If after six months and ten days10
from the mailing of proper notice of the signing of the judgment for bonds which11
have a face value under fifty thousand dollars, or if after nine months and ten days12
for bonds which have a face value of fifty thousand dollars or more, a judgment of13
bond forfeiture against a commercial surety company has not been suspensively14
appealed nor satisfied or proceedings challenging the bond forfeiture have not been15
timely filed, the prosecuting attorney may either file a rule to show cause with the16
commissioner of insurance in accordance with R.S. 22:1441 or collect the judgment17
in the same manner as a civil judgment.18
(8) Collection by insurance commissioner. Within thirty days of the filing19
of a rule to show cause by the prosecuting attorney with the commissioner of20
insurance, the commissioner of insurance shall notify the insurance company, the21
surety or Lloyd's association, in writing, at the address of the home office of that22
organization by certified mail, setting a time, place, and date of the commissioner's23
hearing, which shall not be more than sixty days from the date of receipt of notice24
from the prosecuting attorney. If after the hearing, the insurance commissioner finds25
that there is no just cause or legal reason for the surety's nonpayment, the26
commissioner shall take any action deemed necessary for collection of the amount27
owed, including suspension of the surety from doing business in the state of28
Louisiana.29 ENROLLEDHB NO. 286
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(9) Nullity actions. Nullity actions pursuant to Code of Civil Procedure Art.1
2001 et seq. not filed within the sixty days provided for filing summary proceedings2
shall be brought by the use of ordinary civil proceedings.3
(10) Satisfaction of judgment of bond forfeiture. (a) For bonds which have4
a face value under fifty thousand dollars, any judgment forfeiting the appearance5
bond rendered according to this Section shall at any time, within six months, after6
mailing of the notice of the signing of the judgment of bond forfeiture, be fully7
satisfied and set aside upon the surrender or the appearance of the defendant. The8
appearance of the defendant shall operate as a satisfaction of the judgment, and the9
surrender shall operate as a satisfaction of the judgment and shall fully and finally10
relieve the surety of any and all obligations under the bond. Any judgment forfeiting11
the appearance bond rendered according to this Section shall at any time, within ten12
days after the expiration of the six-month period provided to surrender the defendant,13
be fully satisfied by the payment of the amount of the bail obligation without14
incurring any interest, costs, or fees.15
(b)(i) For bonds which have a face value of fifty thousand dollars or more,16
any judgment forfeiting the appearance bond rendered according to this Section shall17
at any time within six months after mailing of the notice of the signing of the18
judgment of bond forfeiture be fully satisfied and set aside upon the surrender or the19
appearance of the defendant. The appearance of the defendant shall operate as a20
satisfaction of the judgment and shall fully and finally relieve the surety of any and21
all obligations under the bond. Any judgment forfeiting the appearance bond22
rendered according to this Section shall at any time, within ten days after the23
expiration of the six-month period provided to surrender the defendant, be fully24
satisfied by the payment of the amount of the bail obligation without incurring any25
interest, costs, or fees.26
(ii) Any judgment forfeiting the appearance bond rendered according to this27
Section shall at any time more than six months but within nine months after mailing28
of the notice for the signing of the judgment of bond forfeiture, be satisfied and set29
aside upon the surrender or the appearance of the defendant, and the payment in cash30 ENROLLEDHB NO. 286
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are additions.
of ten percent of the face amount of the bond. The appearance and payment of ten1
percent in cash of the face amount of the bond shall operate as a satisfaction of the2
judgment and shall fully and finally relieve the surety of any and all obligations3
under the bond. Any judgment forfeiting the appearance bond rendered according4
to this Section shall, at any time within ten days after the expiration of the nine-5
month period provided to surrender the defendant, be fully satisfied by the payment6
of the amount of the bail obligation without incurring any interest, costs, or fees.7
(11) Failure to satisfy judgment of bond forfeiture8
(a)A. If a judgment of bond forfeiture rendered after June 22, 1993, against9
a commercial surety company has not been satisfied within two hundred ten days10
from after the date of mailing the notice of the signing of the judgment of bond11
forfeiture for bonds which that have a face value under fifty thousand dollars, or12
within four hundred days from mailing the notice of the signing of the judgment of13
bond forfeiture for bonds which have a face value of fifty thousand dollars or more,14
nor has a suspensive appeal or other proceeding challenging the bond forfeiture been15
timely filed, the prosecuting attorney may file with the appropriate district court, in16
the parish where the bond is forfeited, a rule to show cause why that commercial17
surety company should not be prohibited from executing criminal bail bonds before18
the court issuing the judgment of bond forfeiture. The appropriate court is the court19
where the bond is posted, whether in a district court or a court other than a district20
court composed of more than one judge. If the appropriate court is not a district21
court, it shall sit en banc on such a rule to show cause. If the bond is posted in a22
court other than a district court and composed of only one judgeship position, then23
the rule shall be filed in the appropriate district court.24
(b)B. At the rule to show cause, the court may consider only issues which25
would interrupt the enforceability of the judgment. Should the The court find may26
issue an order enjoining the commercial surety company from posting criminal bail27
bonds before the court issuing the judgment of bond forfeiture if the judgment is not28
satisfied within ten days and if the court finds all of the following:29 ENROLLEDHB NO. 286
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are additions.
(I)(1) A judgment of bond forfeiture has been rendered, after June 22, 1993,1
against the commercial surety;.2
(ii)(2) Proper notice pursuant to this Section Code of Criminal Procedure3
Article 349.3 has been mailed;.4
(iii)(3) No suspensive appeal has been taken;.5
(iv)(4) The defendant has neither been surrendered nor appeared within six6
months one hundred eighty days of the date of mailing of the notice of the signing7
of the judgment of bond forfeiture for bonds which that have a face value of fifty8
thousand dollars or more, and the defendant has neither not been surrendered9
together with ten percent of the total amount of the bond or appeared together with10
cash payment of ten percent of the total amount of the bond, more than six months11
one hundred eighty days but within nine months two hundred seventy days, after the12
date of the mailing of the notice of the signing of the judgment of bond forfeiture;.13
(v)(5) Two hundred ten days have passed since the date of the mailing of14
proper the notice of the signing of the judgment of bond forfeiture for bonds which15
that have a face value under fifty thousand dollars, or four hundred days have passed16
since the date of the mailing of proper the notice of the signing of the judgment of17
bond forfeiture for bonds which that have a face value of fifty thousand dollars or18
more; and.19
(vi)(6) The judgment of bond forfeiture has not been satisfied by payment20
of the full amount for bonds which that have a face value under fifty thousand21
dollars, or has not been satisfied by the surrender or the appearance of the defendant22
together with payment in cash of ten percent of the total bond amount for bonds23
which that have a face value of fifty thousand dollars or more, if applicable, then the24
court may issue an order enjoining the commercial surety company from posting25
criminal bail bonds before the court issuing the judgment of bond forfeiture if the26
judgment is not satisfied within the ten days.27
(c)C. The burden of proof at the hearing shall be upon the commercial surety28
by a preponderance of evidence and shall be limited to documents contained in the29
official court record where the judgment was rendered. The surety company may use30 ENROLLEDHB NO. 286
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are additions.
evidence not contained in the record to show that it did not receive post-forfeiture1
notice or the post-forfeiture notice required pursuant to this Section was not properly2
mailed.3
(12) Cumulative actions. When a surety has cause to bring an action in4
nullity or to set aside a bond forfeiture in two or more cases that are similarly5
situated by facts and legal issues, he may file such actions as one cumulative action,6
in summary proceedings and in the section of the criminal court where those cases7
are pending pursuant to R.S. 15:85(5), Code of Criminal Procedure Article 345(I) or8
(J), or an ordinary civil action pursuant to R.S. 15:85(9) when such action is within9
the jurisdiction of the court and in the proper venue. All the actions cumulated must10
be mutually consistent and employ the same form of procedure. The surety has the11
burden of proving that the accumulation of the actions is appropriate and in the12
interest of justice.13
(13) Improper cumulation effect. When the court lacks jurisdiction of or14
when venue is improper as to one of the actions cumulated, that action shall be15
dismissed. When the cumulation is improper for any other reason, the court may do16
either of the following:17
(a) Order separate trials of the actions.18
(b) Order the moving party to elect which action or actions he shall proceed19
with and to amend his pleadings so as to delete therefrom all allegations relating to20
the action or actions which he elects to discontinue. The penalty for noncompliance21
with an order to amend is a dismissal of the entire cumulative action proceeding.22
* * *23
§86. Forfeiture of cash, checks, or securities and discharge of the bail undertaking24
A. When the court declares a forfeiture of cash, a check, a negotiable bond,25
or a money order which has been deposited as bail, the court shall order the26
disposition of such security in satisfaction of the bail obligation.27
B. When the bail undertaking is discharged, the court shall order the security28
returned to the depositor. Upon presentation of a certified copy of the order, the29 ENROLLEDHB NO. 286
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custodian of the security shall pay or deliver it to the person named therein or to his1
order.2
* * *3
§88. Appearance bond defined4
The term "appearance bond" shall be taken and intended to mean every bail5
bond, recognizance, or other obligation, or deposit of cash, checks, negotiable bonds,6
or money orders, made or taken to secure the appearance of any person before any7
court; but in all cases where cash, checks, negotiable securities or money orders, or8
other movables have been deposited in lieu of bond with a surety, in case of9
discharge or forfeiture, the same shall be disposed of as otherwise provided by law.10
Section 4. R.S. 22:1441(A)(2), (4), and (5), (C)(1) and (2)(b), (d), and (e), and (D)11
and 1585(A) are hereby amended and reenacted to read as follows:12
§1441. Failure to timely satisfy claim under criminal bond contract13
A. Any prosecuting attorney may file with the commissioner of insurance's14
office a rule to show cause if all the following are true:15
* * *16
(2) Proper notice Notice pursuant to R.S. 15:85 Code of Criminal Procedure17
Article 349.3 has been mailed.18
* * *19
(4) The defendant has neither been surrendered nor appeared within six20
months one hundred eighty days of mailing of the notice of the signing of the21
judgment of bond forfeiture.22
(5) More than six months one hundred eighty days has lapsed from the23
mailing of the proper notice of the signing of the judgment of bond forfeiture.24
* * *25
C.(1) The commissioner of insurance shall within ten days of receipt of the26
request for rule to show cause issued by the prosecuting attorney send notice to the27
commercial surety underwriter setting a date for a rule to show cause not less than28
three days nor more than ten days from the issuance of the commissioner's notice.29
At the rule to show cause, the commissioner may consider only issues which would30 ENROLLEDHB NO. 286
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are additions.
interrupt the enforceability of the judgment. Within thirty days of the filing of a rule1
to show cause by the prosecuting attorney with the commissioner of insurance, the2
commissioner of insurance shall notify the insurance company, the commercial3
surety, or Lloyd's Association, in writing, at the address of the home office of that4
organization by certified mail, setting a time, place, and date of the hearing, which5
shall not be more than sixty days from the date of receipt of notice from the6
prosecuting attorney. If after the hearing, the hearing officer finds that there is no7
just cause or legal reason for the surety's nonpayment, the commissioner shall take8
any action deemed necessary for collection of the amount owed, including9
suspension of the surety from doing business in the state of Louisiana.10
(2) The commissioner shall order the commercial surety underwriter to pay11
immediately the judgment of bond forfeiture, if the commissioner finds that all of the12
following are true:13
* * *14
(b) Proper notice Notice pursuant to R.S. 15:85 Code of Criminal Procedure15
Article 349.3 has been mailed.16
* * *17
(d) The defendant has neither been surrendered nor appeared within six18
months one hundred eighty days of mailing of the notice of the signing of the19
judgment of bond forfeiture.20
(e) More than six months has one hundred eighty days has lapsed from the21
mailing of the proper notice of the signing of the judgment of bond forfeiture.22
* * *23
D. The burden of proof at the hearing shall be upon the commercial surety24
by a preponderance of evidence and shall be limited to documents contained in the25
official court record where the judgment was rendered. The surety company may use26
evidence not contained in the record to show that it did not receive post-forfeiture27
notice or the post-forfeiture notice required pursuant to R.S. 15:85 Code of Criminal28
Procedure Article 349.3 was not properly mailed.29
* * *30 ENROLLEDHB NO. 286
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§1585. Surrender for nonpayment of premium1
A. Before a breach of an undertaking occurs, a surety or bail bond producer2
may surrender a defendant, or the defendant may surrender himself, to the official3
to whose custody the defendant was committed at the time the bail was given. The4
defendant may be surrendered without a return of the premium if he changes5
addresses without notifying his bail bond producer or surety, conceals himself,6
leaves the jurisdiction of the court without the permission of his bail bond producer7
or surety, fails to appear in any court at any time, or if the indemnitor seeks to relieve8
himself of his obligation on the bond or if the defendant is convicted of a felony but9
sentence is not yet imposed. A bail bond producer shall not surrender a client for10
nonpayment of a premium until thirty days after the date the bond is posted.11
* * *12
Section 5. Code of Criminal Procedure Articles 322(D) and (E), 339, and 340(E) and13
R.S. 15:87 are hereby repealed in their entirety.14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: