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