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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2012
SENATE BILL NO. 292
BY SENATOR MURRAY
CRIMINAL PROCEDURE. Provides relative to surrender of the defendant. (gov sig)
AN ACT1
To amend and reenact Code of Criminal Procedure Art. 345(G) and (I)(introductory2
paragraph), relative to surrender of the defendant; to provide with respect to the3
defendant's extradition; to provide relative to entering the defendant's name into the4
National Crime Information Center registry; to provide with respect to an extension5
of time to surrender a defendant; to provide for an effective date; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Criminal Procedure Art. 345(G) and (I)(introductory paragraph)9
are hereby amended and reenacted to read as follows: 10
Art. 345. Surrender of defendant11
* * *12
G. During the period provided for surrendering the defendant, the surety may13
request that the officer originally charged with the detention of a felony defendant14
place the name of the felony defendant into the National Crime Information Center15
registry. The surety shall pay to that officer a fee of twenty-five dollars for16
processing the placement. If, after payment of the twenty-five -dollar fee, the17 SB NO. 292
SLS 12RS-636 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
defendant's extradition is refused by the Office of the District Attorney, or the1
name of the defendant is either not entered into or is removed from the National2
Crime Information Center registry without cause during the period provided for3
surrendering the defendant, the surety shall be relieved of all obligations under the4
bond.5
* * *6
I. In addition to and notwithstanding any other provision of law, a surety may7
seek an extension of time to surrender a defendant, or have the judgment of bond8
forfeiture set aside by filing a motion in the criminal court of record and after9
contradictory hearing with the district attorney and with proof satisfactory to the10
court that such an extension of time or set aside is justified under the facts of the11
case. a fortuitous event has occurred and that the event has made it impossible to12
perform as required under the contract. A motion seeking relief pursuant to this13
Paragraph must be filed within three hundred sixty-six days from the date of the14
fortuitous event, excluding legal delays. The court in its discretion may do any of the15
following:16
* * *17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
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 during the period provided for surrendering the defendant, the
surety may request that the officer originally charged with the detention of a felony
defendant place the name of the felony defendant into the National Crime Information
Center registry.
Present law provides that the surety shall pay to that officer a fee of $25 for processing the
placement. If, after payment of the $25 fee, the name of the defendant is removed from the
NCIC registry without cause during the period provided for surrendering the defendant, the SB NO. 292
SLS 12RS-636 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
surety shall be relieved of all obligations under the bond.
Proposed law provides that the surety shall pay to the officer a fee of $25 for processing the
placement. If, after payment of the $25 fee, the defendant's extradition is refused by the
Office of the District Attorney, or the name of the defendant is either not entered into or is
removed from the NCIC registry without cause during the period provided for surrendering
the defendant, the surety shall be relieved of all obligations under the bond.
Present law provides that in addition to and notwithstanding any other provision of law, a
surety may seek an extension of time to surrender a defendant, or have the judgment of bond
forfeiture set aside by filing a motion in the criminal court of record and after contradictory
hearing with the district attorney and with proof satisfactory to the court that a fortuitous
event has occurred and that the event has made it impossible to perform as required under
the contract.
Present law provides that a motion seeking relief pursuant to present law must be filed
within 365 days from the date of the fortuitous event, excluding legal delays.
Present law provides that the court in its discretion may do any of the following:
1. Set aside the forfeiture or grant the nullity.
2. Grant an extension of up to 366 days from the expiration of the initial time period
allowed for the surrender of the defendant from the date of the mailing of proper
notice of bond forfeiture. If the court grants that extension, judicial interest shall be
suspended during that additional time period.
3. Deny the relief.
Proposed law retains present law but provides that in addition to and notwithstanding any
other provision of law, a surety may seek an extension of time to surrender a defendant, or
have the judgment of bond forfeiture set aside by filing a motion in the criminal court of
record and after contradictory hearing with the district attorney and with proof satisfactory
to the court that such an extension of time or set aside is justified under the facts of the case.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art 345(G) and (I)(intro para))