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 523 Original 2017 Regular Session Schroder
Abstract: Provides for constructive surrender of a criminal defendant and calculation of reasonable
extradition fees.
Present law provides that the appearance of a defendant means that the defendant appears personally
in court.
Proposed law retains this provision of present law and adds that an appearance can also be made by
the defendant's attorney where the court allows waiver of presence and the defendant's presence is
waived.
Proposed law provides that proof of a defendant's incarceration in a foreign jurisdiction may be a
letter, memorandum, or form developed by the Dept. of Public Safety and Corrections, the jail, the
warden, or the sheriff. The written proof shall contain the defendant's name, identification number,
and date of incarceration or arrest and shall be dated.
Proposed law provides that reasonable extradition fees may be charged for costs associated with the
secure transport and delivery of the defendant. The amount of the fees charged for extradition shall
be based upon a formula authorized by the sheriffs within the state and shall include reimbursement
of expenses or an estimate provided by an approved commercial prisoner transport service.
Proposed law provides that when the surety or bail enforcement agent has paid extradition fees for
the return of the defendant, the defendant shall be brought to the original jurisdiction of the
defendant's arrest within 90 days after the date of the payment of the extradition fees unless the
defendant remains in the custody of another jurisdiction. The failure to return the defendant within
90 days shall cause the fees to be returned to the surety or the bail agent.
(Amends C.Cr.P. Arts. 311(2) and (4) and 334; Adds C.Cr.P. Art. 313.2)