HLS 17RS-2253 ORIGINAL
2017 Regular Session
HOUSE RESOLUTION NO. 138
BY REPRESENTATIVE SCHRODER
BAIL: Requests the Louisiana District Attorneys Association to study the procedure of the
constructive surrender of a defendant and the "reasonable costs" associated therewith
1 A RESOLUTION
2To urge and request the Louisiana District Attorneys Association, in conjunction with the
3 Louisiana Sheriffs' Association and the Association of Louisiana Bail Underwriters,
4 to study the procedure of constructively surrendering a defendant and to develop and
5 recommend a process or standard for determining the reasonable costs of
6 transporting a defendant from one parish or foreign jurisdiction to the jurisdiction
7 where a warrant for arrest has been issued for purposes of constructively
8 surrendering the defendant.
9 WHEREAS, a person in custody who is charged with the commission of an offense
10is entitled to bail before conviction pursuant to Article I, Section 18 of the Constitution of
11Louisiana and Code of Criminal Procedure Article 312; and
12 WHEREAS, in 2013, Senate Resolution No. 111 requested the Louisiana State Law
13Institute to perform a comprehensive study of Louisiana laws regarding bail to determine
14necessary revisions that would meet constitutional requirements while enhancing legal and
15judicial economy, efficiency, fairness, and uniformity in the criminal justice system; and
16 WHEREAS, after many years of work and as a result of this comprehensive study,
17in 2016, Act No. 613, which substantially reorganized and revised the laws with respect to
18bail, was enacted by the legislature and became effective on January 1, 2017; and
19 WHEREAS, under this revision, Code of Criminal Procedure Article 331 provides
20that a surety may "constructively surrender" a defendant who is detained in another parish
21of the state of Louisiana or a foreign jurisdiction, and upon the constructive surrender of the
Page 1 of 3 HLS 17RS-2253 ORIGINAL
HR NO. 138
1defendant, the surety is fully and finally discharged and relieved of all obligations under the
2bail undertaking; and
3 WHEREAS, in order to constructively surrender the defendant, the law requires the
4following conditions to be met:
5 (1) A warrant for arrest has been issued for the defendant in the jurisdiction in which
6the bail obligation is in place.
7 (2) The surety has provided proof of the defendant's current incarceration to the
8court in which the bail obligation is in place, the prosecuting attorney, and the officer
9originally charged with the defendant's detention.
10 (3) The surety has paid to the officer the reasonable costs of returning the defendant
11to the jurisdiction where the warrant for arrest was issued; and
12 WHEREAS, there is currently no law or standard in place for determining the
13"reasonable costs" of returning the defendant to the jurisdiction where the warrant for arrest
14was issued, and such "reasonable costs" can vary from parish-to-parish throughout the state;
15and
16 WHEREAS, developing a standard for determining reasonable costs of returning the
17defendant is necessary to ensure an efficient, fair, and uniform criminal justice system.
18 THEREFORE, BE IT RESOLVED that the House of Representatives of Legislature
19of Louisiana does hereby urge and request the Louisiana District Attorneys Association, in
20conjunction with the Louisiana Sheriffs' Association and the Association of Louisiana Bail
21Underwriters, to study the procedure for constructively surrendering a defendant and to
22develop and recommend a process or standard for determining the reasonable costs of
23transporting a defendant from one parish or foreign jurisdiction to the jurisdiction where a
24warrant for arrest has been issued for purposes of constructively surrendering the defendant.
25 BE IT FURTHER RESOLED that the Louisiana District Attorneys Association shall
26report its findings and recommendations to the legislature, including any recommendations
27for legislative action, by March 1, 2018.
28 BE IT FURTHER RESOLVED that suitable copies of this Resolution be transmitted
29to the executive director of the Louisiana District Attorneys Association, the executive
Page 2 of 3 HLS 17RS-2253 ORIGINAL
HR NO. 138
1director of the Louisiana Sheriffs' Association, and the president of the Association of
2Louisiana Bail Underwriters.
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)]
HR 138 Original 2017 Regular Session Schroder
Requests the La. District Attorneys Assoc., in conjunction with the La. Sheriffs' Assoc. and
the Assoc. of La. Bail Underwriters, to study the procedure for constructively surrendering
a defendant and to develop and recommend a process or standard for determining the
reasonable costs of transporting a defendant for purposes of constructively surrendering the
defendant.
Page 3 of 3