HLS 14RS-1307 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 540
BY REPRESENTATIVE THIERRY
BONDS: Provides with respect to electronic bond forfeitures
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 322(A) and 349.3, relative to2
notice of bond forfeiture; to authorize the use of electronic mail by a commercial3
surety in executing a bond; to authorize the use of electronic mail to send the notice4
of judgment of bond forfeiture; to require the agreement of all parties to use5
electronic mail to provide such notice; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Articles 322(A) and 349.3 are hereby8
amended and reenacted to read as follows: 9
Art. 322. Declaration of residence by defendant and surety; social security number;10
waiver of notice11
A. The defendant and personal surety signing a bail bond shall write the12
address at which each can be served under their respective signatures and the last13
four digits of their social security number. The defendant and his counsel may, by14
joint affidavit filed of record in the proceeding in which the bond was given, appoint15
his counsel as his agent for service of notice to appear. The appointment shall be16
conclusively presumed to continue until the defendant files of record an affidavit17
revoking or changing the appointment. The affidavit shall include the address at18
which to serve his counsel. A commercial surety shall inscribe its proper mailing or19
electronic address on the face of the power of attorney used to execute the bond. The20 HLS 14RS-1307 ORIGINAL
HB NO. 540
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
agent or bondsman posting the bond shall write his proper mailing address under his1
signature. A bail bond shall not be set aside because of the invalidity of the2
information required by this Article or for the failure to include the information3
required by the provisions of this Article.4
* * *5
Art. 349.3. Notice of judgment6
A.(1) After entering the fact of the signing of the judgment of bond forfeiture7
in the court minutes, the clerk of court shall promptly mail notice of the signing of8
the judgment of bond forfeiture. The notice of the signing of the judgment shall be9
mailed by United States certified mail with return receipt affixed thereto or by10
electronic mail as provided for in Subparagraph (2) of this Paragraph. The notice11
shall be mailed to the defendant, the personal surety, the agent, or bondsman who12
posted the bond for the commercial surety, and the commercial surety at the13
addresses designated in Article 322, or an address registered with the Louisiana14
Department of Insurance. Notice to the commercial surety shall include the power15
of attorney number used to execute the bond without which the bond obligation of16
the commercial surety shall be suspended until the power of attorney number is17
supplied, provided the commercial surety provides notice to the clerk of court who18
mailed the notice to the surety of the failure to include such number in the notice by19
certified mail not later than thirty days following receipt of notice of the judgment.20
If the power of attorney number is not provided to the commercial surety within21
thirty days after the date of receipt by the clerk of court of the notice that it was not22
included in the notice of the judgment, the commercial surety shall be released from23
the bond obligation.24
(2) The clerk of court may use electronic mail to provide notice to the parties25
provided for in Subparagraph (1) of this Paragraph. The clerk shall only use26
electronic mail if the defendant, the personal surety, the agent, or the bondsman have27
agreed to receive notice by electronic mail, and the clerk is in possession of a valid28
electronic mail address provided by the defendant, the personal surety, the agent, or29 HLS 14RS-1307 ORIGINAL
HB NO. 540
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the bondsman. The clerk shall otherwise follow the procedures provided for in1
Subparagraph (1) of this Paragraph.2
(3) The defendant shall reimburse the clerk of court for postage and other3
costs incurred by the clerk to send the notice required in Paragraph A of this Article4
Paragraph.5
B. After mailing sending the notice of the signing of the judgment of bond6
forfeiture, the clerk of court shall execute an affidavit of the mailing and place the7
affidavit and the return receipts in the record.8
C. Failure to mail send notice of the signing of the judgment within sixty9
days after the defendant fails to appear shall release the sureties of all obligations10
under the bond.11
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. 540
Abstract: Authorizes the use of e-mail to provide notice of judgment of bond forfeiture.
Present law requires a commercial surety to inscribe its proper mailing address on the face
of the power of attorney used to execute the bond for declaration of residence.
Proposed law retains present law and adds the option to provide an e-mail address.
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
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. Arts. 322(A) and 349.3)