ENROLLED
ACT No. 243
2021 Regular Session
HOUSE BILL NO. 708 (Substitute for House Bill No. 83 by Representative Fontenot)
BY REPRESENTATIVE FONTENOT
1 AN ACT
2 To enact Code of Criminal Procedure Articles 311(8) and (9) and 330.1, relative to bail; to
3 provide definitions; to provide relative to the posting and payment of bail
4 obligations; to provide relative to the transportation of persons in custody; to provide
5 relative to applicability; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Articles 311(8) and (9) and 330.1 are hereby
8 enacted to read as follows:
9 Art. 311. Definitions
10 For the purpose of this Title, the following definitions shall apply:
11 * * *
12 (8) The originating jurisdiction is the jurisdiction where the warrant for the
13 arrest was issued and where the charges are pending.
14 (9) The executing jurisdiction is the jurisdiction where the defendant is
15 arrested and incarcerated on a warrant for arrest.
16 * * *
17 Art. 330.1. Posting bail when arrested outside of originating jurisdiction
18 A. Notwithstanding any provisions of law to the contrary, a person who is
19 arrested and booked in an executing jurisdiction pursuant to a warrant for arrest
20 issued by the originating jurisdiction may be released from custody when bail is
21 posted under the following conditions:
22 (1) The amount of the bail obligation is included on the warrant for arrest.
23 If the warrant for arrest does not include the amount of the bail obligation, the
24 amount may be set within forty-eight hours by anyone in the originating jurisdiction
25 who is authorized to set bail pursuant to Article 314. If a personal surety undertaking
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1 is authorized, the personal surety undertaking shall be in accordance with either
2 Article 323 or Article 324.
3 (2) There are no holds, court orders, or other legal impediments that would
4 prohibit the release of the arrested person from custody.
5 (3) The executing jurisdiction does not object. If the executing jurisdiction
6 objects, the originating jurisdiction shall comply with existing provisions of law
7 relative to bail. The originating jurisdiction shall retain the right to transport or to
8 have the person in custody transported to the originating jurisdiction for the purpose
9 of posting bail in the originating jurisdiction.
10 (4) Written notice shall be provided to the executing jurisdiction when bail
11 is posted in the originating jurisdiction and release from custody is authorized. When
12 released, the executing jurisdiction shall provide notice in accordance with Article
13 330 to the arrested person. The originating jurisdiction shall deliver to the executing
14 jurisdiction the information necessary to provide such notice to the arrested person.
15 The notice shall include the date, time, and location of any required court
16 appearances as well as any conditions of bail. Notwithstanding any provisions of
17 law to the contrary, an electronic copy, digital copy, or photocopy of the arrested
18 person's signature on the notice shall be the equivalent of an original signature.
19 B. The provisions of this Article shall not apply to warrants for sex offenses,
20 homicides and crimes resulting in a death or deaths, felony domestic violence
21 offenses, and aggravated offenses.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.