HLS 13RS-550 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 266
BY REPRESENTATIVE THIERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUDGMENTS/CRIMINAL: Provides procedures for use of electronic mail to send notice
of bond forfeiture
AN ACT1
To amend and reenact Code of Criminal Procedure Article 349.3(A), relative to notice of2
bond forfeiture; to authorize the use of electronic mail to send the notice of judgment3
of bond forfeiture; to require the agreement of all parties to use electronic mail to4
provide such notice; 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) 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 or by13
electronic mail as provided for in Subparagraph (2) of this Paragraph. The notice14
shall be mailed to the defendant, the personal surety, the agent, or bondsman who15
posted the bond for the commercial surety, and the commercial surety at the16
addresses designated in Article 322, or an address registered with the Louisiana17
Department of Insurance. Notice to the commercial surety shall include the power18
of attorney number used to execute the bond without which the bond obligation of19
the commercial surety shall be suspended until the power of attorney number is20 HLS 13RS-550 ORIGINAL
HB NO. 266
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supplied, provided the commercial surety provides notice to the clerk of court who1
mailed the notice to the surety of the failure to include such number in the notice by2
certified mail not later than thirty days following receipt of notice of the judgment.3
If the power of attorney number is not provided to the commercial surety within4
thirty days after the date of receipt by the clerk of court of the notice that it was not5
included in the notice of the judgment, the commercial surety shall be released from6
the bond obligation.7
(2) The clerk of court may use electronic mail to provide notice to the parties8
provided for in Subparagraph (1) of this Paragraph. The clerk shall only use9
electronic mail if the defendant, the personal surety, the agent, or the bondsman have10
agreed to receive notice by electronic mail, and the clerk is in possession of a valid11
electronic mail address provided by the defendant, the personal surety, the agent, or12
the bondsman. The clerk shall otherwise follow the procedures provided for in13
Subparagraph (1) of this Paragraph.14
(2)(3) The defendant shall reimburse the clerk of court for postage and other15
costs incurred by the clerk to send the notice required in Paragraph A of this Article16
Paragraph.17
* * *18
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)]
Thierry HB No. 266
Abstract: Authorizes the use of e-mail to provide notice of judgment of bond forfeiture.
Present law requires, after entering the signing of the judgment of bond forfeiture in the
court minutes, the clerk of court to promptly mail notice of the signing of the judgment of
bond forfeiture. Requires the notice of the signing of the judgment to be mailed by U.S.
certified mail.
Proposed law retains the provisions of present law and further provides that the clerk of
court may use e-mail to provide notice to the parties.
Proposed law further provides that the clerk shall only use e-mail if the defendant, the
personal surety, the agent, or the bondsman have agreed to receive notice by e-mail and the HLS 13RS-550 ORIGINAL
HB NO. 266
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clerk is in possession of a valid e-mail address provided by the defendant, the personal
surety, the agent, or the bondsman.
(Amends C.Cr.P. Art. 349.3(A))