HLS 14RS-1182 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 418
BY REPRESENTATIVE LOPINTO
CRIMINAL/PROCEDURE: Provides with respect to bond forfeiture
AN ACT1
To enact Code of Criminal Procedure Article 349.10, relative to the satisfaction of bond2
forfeiture; to provide for a time period for the failure to satisfy a judgment of bond3
forfeiture; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 349.10 is hereby enacted to read as6
follows: 7
Art. 349.10. Failure to timely satisfy judgment of bond forfeiture8
A. For bonds that have a face value under fifty thousand dollars, a judgment9
forfeiting the appearance bond shall be satisfied after the expiration of one hundred10
ninety days after the date of the mailing of the notice of the signing of the judgment11
of bond forfeiture.12
B. For bonds with a face value of fifty thousand dollars or more, a judgment13
forfeiting the appearance bond shall be satisfied after the expiration of two hundred14
eighty days after the date of the mailing of the notice of the signing of the judgment15
of bond forfeiture.16
C. Satisfaction of judgment of bond forfeiture shall occur by any of the17
following:18
(1) Pursuant to the provisions of Code of Criminal Procedure Article 349.8.19
(2) Pursuant to the provisions of Code of Criminal Procedure Article 349.9.20 HLS 14RS-1182 ORIGINAL
HB NO. 418
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) By payment of the full amount of the judgments of bond forfeiture into1
the registry of the court and the simultaneous institution of proceedings to determine2
the validity of the judgment of bond forfeiture.3
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)