HLS 12RS-859 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 190
BY REPRESENTATIVE GREENE
CRIMINAL/BAIL: Provides relative to notice provided to a commercial surety upon a
judgment of bond forfeiture
AN ACT1
To amend and reenact Code of Criminal Procedure Article 349.3(A)(1), relative to bail; to2
provide relative to notice provided to a commercial surety upon a judgment of bond3
forfeiture; to provide relative to the registered address of a commercial surety; to4
provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 349.3(A)(1) is hereby amended and7
reenacted to read as follows: 8
Art. 349.3. Notice of judgment9
A.(1) After entering the fact of the signing of the judgment of bond forfeiture10
in the court minutes, the clerk of court shall promptly mail notice of the signing of11
the judgment of bond forfeiture. The notice of the signing of the judgment shall be12
mailed by United States certified mail with return receipt affixed thereto to the13
defendant, the personal surety, the agent, or bondsman who posted the bond for the14
commercial surety, and the commercial surety at the addresses designated in Article15
322 or an address registered with the Louisiana Department of Insurance. Notice to16
the commercial surety shall include the power of attorney number used to execute17
the bond without which the bond obligation of the commercial surety shall be18
suspended until the power of attorney number is supplied, provided the commercial19
surety provides notice to the clerk of court who mailed the notice to the surety of the20 HLS 12RS-859 ORIGINAL
HB NO. 190
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
failure to include such number in the notice by certified mail not later than thirty1
days following receipt of notice of the judgment. If the power of attorney number2
is not provided to the commercial surety within thirty days after the date of receipt3
by the clerk of court of the notice that it was not included in the notice of the4
judgment, the commercial surety shall be released from the bond obligation.5
* * *6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
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)]
Greene HB No. 190
Abstract: Provides relative to the mailing of notice provided to a commercial surety upon
a judgment of bond forfeiture.
Present law provides that the notice of the signing of the judgment of bond forfeiture shall
be mailed by U.S. certified mail to the defendant, personal surety, agent, or bondsman who
posted the bond for the commercial surety, and the commercial surety at the addresses
provided pursuant to the provisions of present law, which requires the surety to provide its
mailing address when posting bond.
Proposed law retains present law and provides that the notice of judgment of bond forfeiture
may also be provided to the commercial surety at the address registered with the La. Dept.
of Insurance.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 349.3(A)(1))