Louisiana 2010 2010 Regular Session

Louisiana House Bill HB550 Introduced / Bill

                    HLS 10RS-847	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 550
BY REPRESENTATIVE LAMBERT
COURTS/PARISH:  Provides for disposition of unclaimed bail bonds in a parish or
incorporated municipality located in a parish having a parish court
AN ACT1
To enact R.S. 15:86.4, relative to unclaimed bail bonds in a parish or incorporated2
municipality located within a parish having a parish court; to provide for time3
limitations relative to unclaimed bail bonds; to provide for disbursement of the funds4
and deposit of the funds by the parish or incorporated municipality; to provide for5
procedures for reimbursement to an owner of the cash bail bond who reappears; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 15:86.4 is hereby enacted to read as follows: 9
ยง86.4.  Parish courts: unclaimed bail bonds; disposition; return to owner10
A. Notwithstanding any other provision of law to the contrary, any parish or11
incorporated municipality, located in a parish which has a parish court, having in its12
control or possession cash bail bonds which have been discharged and which remain13
unclaimed for more than three years, after notice by certified mail, or which belong14
to an owner who is unknown or has not been heard from for more than three years,15
may pay the same, in cases involving the violation of a state statute in an16
unincorporated area of the parish, to the treasurer of the governing authority of the17
parish in which the parish court is located for deposit in the general fund of the18
parish, or in cases involving a violation of a state statute in an incorporated19 HLS 10RS-847	ORIGINAL
HB NO. 550
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are additions.
municipality, to the treasurer or chief financial officer of the city for deposit in the1
general fund of the city.2
B. If the cash bail bond involves the violation of a state statute in an3
unincorporated area of the parish, the treasurer of the governing authority of the4
parish in which the parish court is located may collect and receive this money and5
may deposit it to the credit of the parish's general fund. If the cash bail bond6
involves the violation of a state statute in an incorporated municipality within the7
parish, the treasurer or chief financial officer of the city may collect and receive this8
money and may deposit it to the credit of the general fund of the city.9
C. Any owner who claims a cash bail bond which has been deposited in10
either a general fund of the parish or the general fund of a city pursuant to the11
provisions of this Section shall be reimbursed from the general fund of the parish or12
the city involved, upon establishing his claim thereto by a judgment of a court of13
competent jurisdiction. Upon being presented with a certified copy of the judgment,14
either the treasurer or chief financial officer, as the case may be, shall draw a warrant15
and pay out of the appropriate general fund the amount of the judgment without the16
necessity of an appropriation by the respective governing authority.17
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)]
Lambert	HB No. 550
Abstract: Authorizes a parish or incorporated municipality located in a parish having a
parish court, which has control over cash bail bonds, after elapse of time and notice,
to deposit these funds in the general fund of the parish or unincorporated
municipality and provides for reimbursement procedures should the owner of the
funds appear.   
Proposed law authorizes any parish or incorporated municipality, located in a parish which
has a parish court, having in its control or possession of certain unclaimed cash bail bonds
to pay the same, in cases involving the violation of a state statute in an unincorporated area
of the parish, to the treasurer of the governing authority of the parish for deposit in the
general fund of the parish, or in cases involving a violation of a state statute in an
incorporated municipality, to the treasurer or chief financial officer of the city for deposit
in the general fund of the city. HLS 10RS-847	ORIGINAL
HB NO. 550
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law authorizes the treasurer of the governing authority of the parish, if the cash bail
bond involves the violation of a state statute in an unincorporated area of the parish, to
collect and receive this money and to deposit the money to the credit of the parish's general
fund.
Proposed law authorizes the treasurer or chief financial officer of the city, if the cash bail
bond involves the violation of a state statute in an incorporated municipality within the
parish, to deposit the money to the credit of the general fund of the city.
Proposed law requires that an owner who claims a cash bail bond which has been deposited
in either a general fund of the parish or city be reimbursed from the general fund of the
parish or the city involved, upon establishment of a claim by a judgment of a court of
competent jurisdiction. 
Proposed law requires the treasurer or chief financial officer, upon being presented with a
certified copy of the judgment, to draw a warrant and pay out of the appropriate general fund
the amount of the judgment without the necessity of an appropriation by the respective
governing authority.
(Adds R.S. 15:86.4)