HLS 17RS-1015 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 332
BY REPRESENTATIVE TERRY BROWN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides relative to service of a notice of warrant for arrest
when a defendant fails to appear in court
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 334 and 336(A)(3) and to enact
3 Code of Criminal Procedure Article 329(F), relative to the bail undertaking; to
4 provide with respect to notice of a warrant for arrest; to provide for duties of the
5 clerk; to provide relative to applicability; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Articles 334 and 336(A)(3) are hereby
8amended and reenacted and Code of Criminal Procedure Article 329(F) is hereby enacted
9to read as follows:
10 Art. 329. Declaration of residence; waiver of notice
11 * * *
12 F. The clerk shall comply with the requirements for notice of warrant for
13 arrest under the provisions of Article 334 if the proper mailing address and electronic
14 address for the parties receiving notice is filed in the record.
15 * * *
16 Art. 334. Notice of warrant of for arrest
17 A. After a warrant for arrest is issued and the warrant has not been recalled,
18 the clerk of court shall, within sixty days, send a notice of warrant for arrest to the
19 prosecuting attorney. The notice shall also be sent by United States mail or
20 electronic means to the defendant, the bail agent or bondsman, if any, and the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-1015 ENGROSSED
HB NO. 332
1 personal surety. Notice shall be sent by electronic means or by certified mail return
2 receipt requested to the commercial surety. All notices shall be sent to the addresses
3 provided pursuant to Article 329 or an address registered with the Louisiana
4 Department of Insurance. The notice to the commercial surety shall include the
5 power of attorney number used to execute the bail undertaking. Failure to include
6 the power of attorney number shall not affect the validity or enforcement of a
7 resulting judgment. After sending the notice of warrant for arrest, the clerk of court
8 shall execute a certificate that notice was sent and place the certificate in the record.
9 Failure to send notice to the commercial surety within sixty days shall release the
10 surety of all obligations under the bail undertaking.
11 B. The provisions of this Article shall not apply to offenses provided for in
12 Title 32 of the Louisiana Revised Statutes of 1950.
13 * * *
14 Art. 336. Proof necessary at bond forfeiture hearing
15 A. The court at a contradictory hearing shall forfeit the bail undertaking and
16 sign a judgment of bond forfeiture upon proof of all of the following:
17 * * *
18 (3) Notice to the defendant and the surety as required by Article 334.
19 * * *
20 Section 2. The provisions of this Act shall become effective on January 1, 2018.
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)]
HB 332 Engrossed 2017 Regular Session Terry Brown
Abstract: Revises law regarding notice of a warrant for arrest.
Present law requires the defendant and personal surety signing a bail undertaking to provide
the address at which each can be served and a mailing address, if different. Requires a
commercial surety to provide a proper mailing address and electronic address to execute the
bail undertaking. Present law further requires the agent or bondsman posting the bail
undertaking to place his proper mailing address under his signature.
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HB NO. 332
Proposed law retains present law but provides that the clerk shall comply with providing
notice of a warrant of arrest if the parties to receive notice have provided proper mailing and
electronic addresses to the clerk.
Present law provides that after a warrant for arrest is issued, the clerk of court has 60 days
to send a notice of warrant for arrest to the prosecuting attorney, the defendant, the bail agent
or bondsman, if any, and the personal surety.
Proposed law removes the requirement that a notice of warrant for arrest be sent to the
defendant and otherwise retains present law.
Proposed law also provides that the notice of warrant for arrest provisions do not apply to
motor vehicle violations.
Effective on Jan. 1, 2018.
(Amends C.Cr.P. Arts. 334 and 336(A)(3); Adds C.Cr.P. Art. 329(F))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Amend the proposed law requirement for the clerk to send notice of warrant for
arrest to the commercial surety to parties to receive notice if the proper mailing
addresses and electronic addresses are filed in the record.
2. Restore present law relative to the requirement for notice of warrant for arrest to
be sent by electronic means to the bail agent or bondsman, if any, and the
personal surety and remove the requirement that the notice be sent to the
defendant.
3. Add an effective date of Jan. 1, 2018.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.