SLS 19RS-359 ENGROSSED
2019 Regular Session
SENATE BILL NO. 108
BY SENATORS GARY SMITH, BISHOP, CARTER, MARTINY, MORRELL AND
PRICE AND REPRESENTATIVES GAINES, JACKSON, LEOPOLD,
LYONS, MARCELLE AND STEFANSKI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BONDS. Provides relative to criminal bail bonds. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 22:1443, relative to the premium on criminal bail bonds; to
3 provide relative to additional collections in certain parishes; and to provide for
4 related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 22:1443 is hereby amended and reenacted to read as follows:
7 ยง1443. Premium on criminal bail bond
8 A. The premium rate set for commercial surety underwriters writing criminal
9 bail bonds in the various courts throughout the state of Louisiana shall not be subject
10 to the rates set by the insurance commissioner, but shall be set and adjusted by the
11 legislature. The Except as provided in Subsection B of this Section, the rate for
12 all commercial surety underwriters writing criminal bail bonds in the state of
13 Louisiana shall be twelve percent of the face amount of the bond, or one hundred
14 twenty dollars, whichever is greater. Any additional fee authorized by R.S.
15 13:718(I)(2) shall not be included in this premium rate and shall be exclusive of the
16 limit set by this Section. All other provisions of the code relating to enforcement of
17 the rate shall be effective and enforced in accordance with all parts of this Section.
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 108
SLS 19RS-359 ENGROSSED
1 B.(1) In any parish having a population of more than three hundred
2 thousand and fewer than four hundred thousand persons according to the latest
3 federal decennial census, to the extent an additional one percent has been
4 collected under color of the provisions of Act 350 of the 2005 Regular Session,
5 no repayment of overcollections as determined by the commissioner shall be
6 required.
7 (2) Notwithstanding any provision of law to the contrary, in no parish
8 covered by the provisions of this Subsection shall the fee provided for in R.S.
9 22:822 be more than two dollars for each one hundred dollars worth of liability
10 underwritten by the commercial surety.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by LG Sullivan.
DIGEST
SB 108 Engrossed 2019 Regular Session Gary Smith
Present law (R.S. 22:1443) provides the premium rate set for commercial surety underwriters
writing criminal bail bonds in the various courts throughout the state is 12% of the face
amount of the bond, or $120, whichever is greater.
Proposed law retains present law.
Proposed law, applicable to any parish with a population between 300,000 and 400,000
persons according to the latest decennial census, provides that to the extent an additional 1%
has been collected under color of the provisions of Act 350 of the 2005 Regular Session, no
repayment of overcollections as determined by the commissioner shall be required.
Present law (R.S. 22:822) provides a licensing fee for all commercial surety underwriters
who write criminal bail bonds that is generally 2% of the dollar value of liability
underwritten by the commercial surety. Provides that in Orleans Parish, the applicable rate
is 3%. Provides for distribution of the proceeds of the fee to various agencies involved in
the justice system.
Proposed law retains present law.
Proposed law specifies that in any parish with a population between 300,000 and 400,000
persons according to the latest decennial census, the licensing fee shall not be more than 2%.
Effective August 1, 2019.
(Amends R.S. 22:1443)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 108
SLS 19RS-359 ENGROSSED
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill
1. Deletes provision increasing the premium for any parish with a population
between 300,000 and 400,000 persons according to the latest decennial
census.
2. Specifies that overcollections made under color of present law shall not be
repaid.
3. Provides that the licensing fee in any parish with a population between
300,000 and 400,000 persons according to the latest decennial census shall
not be more than 2%.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.