2019 Regular Session ENROLLED
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.
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.
18 B.(1) In any parish having a population of more than three hundred
19 thousand and fewer than four hundred thousand persons according to the latest
20 federal decennial census, to the extent an additional one percent has been
21 collected under color of the provisions of Act 350 of the 2005 Regular Session,
22 no repayment of overcollections as determined by the commissioner shall be
23 required nor shall such actions be considered a violation of R.S. 22:855 or R.S.
24 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 ENROLLED
1 (2) Notwithstanding any provision of law to the contrary, in no parish
2 covered by the provisions of this Subsection shall the fee provided for in R.S.
3 22:822 be more than two dollars for each one hundred dollars worth of liability
4 underwritten by the commercial surety.
5 Section 2. As enacted herein, R.S. 22:1443(B)(1) clarifies the procedure and
6 interpretation of Act 350 of the 2005 Regular Session and shall have retroactive effect.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.