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)]
Lopinto HB No. 418
Abstract: Provides a time period for failure to timely satisfy a judgment of bond forfeiture.
Present law provides for the issuance of bail bonds and for the satisfaction of the bail obligation
upon the surrender of the defendant or the appearance of the defendant in court.
Present law specifies a 180-day period within which to file a motion to set aside the judgment of
bond forfeiture.
Present law further provides that a judgment decreeing the forfeiture of an appearance bond shall
not be rendered if it is shown to the satisfaction of the court that the defendant, principal in the
bond, is prevented from attending court because of specific circumstances provided for in present
law.
Proposed law provides that for bonds that have a face value under $50,000, a judgment forfeiting
the appearance bond shall be satisfied after the expiration of 190 days after the date of the
mailing of the notice of the signing of the judgment of bond forfeiture.
Proposed law provides that for bonds with a face value of $50,000, or more, a judgment
forfeiting the appearance bond shall be satisfied after the expiration of 280 days after the date of
the mailing of the notice of the signing of the judgment of bond forfeiture.
Proposed law recognizes two methods of satisfaction of bond forfeiture which exist in present
law (C.Cr.P. Art. 349.8 and 349.9) and adds an additional method for the satisfaction of bond
forfeiture. Proposed law provides that the bond forfeiture shall be satisfied by payment in full
amount of the judgment of bond forfeiture into the registry of the court and the simultaneous
institution of proceedings to determine the validity of the judgment of bond forfeiture.
(Adds C.Cr.P. Art. 349.10)