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Regular Session, 2010
SENATE BILL NO. 642
BY SENATOR MORRELL
CRIMINAL PROCEDURE. Provides relative to bond forfeitures. (8/15/10)
AN ACT1
To enact Code of Criminal Procedure Art. 334.3(A)(4), relative to bail; to provide for2
release on bail; to provide for forfeiture or revocation of bail; to provide for3
procedure; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 334.3(A)(4) is hereby enacted to read6
as follows: 7
Art. 334.3. Prohibition on subsequent bail obligation following revocation or8
forfeiture; certain offenses9
A. * * *10
(4) Notwithstanding the provisions of Subparagraphs (2) and (3) of this11
Paragraph, after a contradictory hearing, any person who voluntarily12
surrenders following revocation or forfeiture of bail may be released on the13
forfeited or revoked bail provided the revocation or forfeiture of the bail is14
rescinded by the court and the surety is present or represented at the hearing15
and consents. Previous instances of revocation or forfeiture of bail in unrelated16
cases is admissible at that contradictory hearing. The relief shall be available17 SB NO. 642
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only at the first instance of revocation or forfeiture of that bail and within six1
months of the posting of the bail.2
* * *3
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Morrell (SB 642)
Present law provides that notwithstanding any other provision of law to the contrary, no
person released on any type of bail or released on the signature of any other person on one
or more criminal charges and where bail has been revoked or is subject to forfeiture may be
readmitted to bail or released on the signature of any other person on those same charges,
if that person did not voluntarily surrender following the revocation or forfeiture.
Present law provides that any person who voluntarily surrenders following revocation or
forfeiture of bail may be released only on bail through a commercial surety and in an amount
higher than the original bail.
Present law provides that notwithstanding any other provision of law to the contrary, no
person who qualifies for bail pursuant to present law may be readmitted to any type of bail
if that bail has been revoked or is subject to forfeiture.
Present law defines "voluntarily surrender" as personal appearance without confinement by
a law enforcement officer or bail recovery agent.
Present law provides that present law shall only apply to a person charged with a crime of
violence as defined by law which carries a minimum mandatory sentence of imprisonment
upon conviction or a person charged with the production, manufacture, distribution, or
dispensing or possession with intent to produce, manufacture, distribute, or dispense a
controlled dangerous substance as defined by the La. Controlled Dangerous Substances Law.
Proposed law provides that notwithstanding present law, a court may allow, after a
contradictory hearing, any person who voluntarily surrenders following revocation or
forfeiture of bail to be released on the forfeited or revoked bail provided the revocation or
forfeiture of the bail is rescinded by the court and the surety is present or represented at the
hearing and consents.
Proposed law allows that previous instances of revocations or forfeitures of bail in unrelated
cases will be admissible at the hearing. Provides that the relief shall be available only at the
first instance of revocation or forfeiture of the bail within six months of the forfeiture of the
bail.
Effective August 15, 2010.
(Adds C.Cr.P. Art. 334.3(A)(4)) SB NO. 642
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Coding: Words which are struck through are deletions from existing law;
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Makes all previous instances of revocations or forfeitures of bail admissible
at the contradictory hearing.
2. Requires that the release on the forfeited or revoked bail will only be
available for the first revocation or forfeiture and within six months of the
posting of the bail.
Senate Floor Amendments to engrossed bill.
1. Legislative Bureau technical amendments.