The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
SB 234 Original 2017 Regular Session LaFleur
Present law provides that in the context of bail a "personal surety" is a natural person domiciled in
the state of Louisiana who owns property in the state that is subject to seizure and is of sufficient
value to satisfy, considering all his property, the amount specified in a bail undertaking. Present law
further provides that the value of the property excludes the amount exempt from execution, and must
be over and above all other liabilities, including the amount of any other bail undertaking on which
he may be principal or surety. Present law further provides that a bail undertaking of a personal
surety may be unsecured or secured.
Proposed law retains present law.
Present law provides that a secured personal surety is a personal surety who satisfies all the
requirements of present law relative to personal sureties and who specifically mortgages immovable
property located in the state of Louisiana.
Proposed law retains present law and adds that the provisions of present law do not apply to
movables and any bail undertaking purporting to be secured by movable property is unenforceable
and null and void.
Present law provides that bail without surety may be secured by a mortgage on the property of the
defendant pursuant to present law or may be unsecured.
Proposed law retains present law and clarifies that a mortgage on the property of the defendant
applies only to immovable property.
Present law further provides that a secured personal surety may establish a mortgage over immovable
property in favor of the state of Louisiana or the proper political subdivision to secure a bail
undertaking.
Proposed law retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 323(A) and (B))