SLS 12RS-635 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 291
BY SENATOR MURRAY
CRIMINAL PROCEDURE. Provides relative to bond forfeiture and enforcement of
judgments. (gov sig)
AN ACT1
To amend and reenact Code of Criminal Procedure Art. 349.7(A)(3), relative to bail; to2
provide for enforcement and satisfaction of judgments of bond forfeiture; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Art. 349.7(A)(3) is hereby amended and6
reenacted to read as follows: 7
Art. 349.7. Enforcement of judgment8
A. * * *9
(3) If, after the expiration of one hundred ninety days after the date of mailing10
the notice of the signing of the judgment of bond forfeiture for bonds that have a face11
value under fifty thousand dollars, or after the expiration of two hundred eighty days12
for bonds that 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 or satisfied, or if proceedings, other than a devolutive appeal challenging15
the bond forfeiture have not been timely filed, the prosecuting attorney may either16
file a rule to show cause with the commissioner of insurance in accordance with R.S.17 SB NO. 291
SLS 12RS-635 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
22:1441 or collect the judgment in the same manner as a civil judgment.1
* * *2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Present law provides that if, after the expiration of 190 days after the date of mailing the
notice of the signing of the judgment of bond forfeiture for bonds that have a face value
under $50,000, or after the expiration of 280 days for bonds that have a face value of
$50,000 or more, a judgment of bond forfeiture against a commercial surety company has
not been suspensively appealed or satisfied, or if proceedings, other than a devolutive appeal
challenging the bond forfeiture have not been timely filed, the prosecuting attorney may
either file a rule to show cause with the commissioner of insurance in accordance with
present law or collect the judgment in the same manner as a civil judgment.
Proposed law provides that if, after the expiration of 190 days after the date of mailing the
notice of the signing of the judgment of bond forfeiture for bonds that have a face value
under $50,000, or after the expiration of 280 days for bonds that have a face value of
$50,000 or more, a judgment of bond forfeiture against a commercial surety company has
not been suspensively appealed or satisfied, or if proceedings, other than a devolutive appeal
challenging the bond forfeiture have not been timely filed, the prosecuting attorney may file
a rule to show cause with the commissioner of insurance in accordance with present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 349.7(A)(3))