HLS 10RS-847 ORIGINAL Page 1 of 3 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 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 3 of 3 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)