SLS 22RS-538 ORIGINAL
2022 Regular Session
SENATE BILL NO. 360
BY SENATOR FOIL
CRIMINAL PROCEDURE. Provides relative to bond forfeiture. (8/1/22)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 331(I), (J), and (K) and to enact
3 Code of Criminal Procedure Art. 331(C)(3) and (L), relative to the discharge of bail
4 obligations; to provide relative to the surrender of the defendant during a statewide
5 public health emergency; to provide relative to bond forfeiture due to the defendant's
6 failure to appear; to provide for procedures; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Art. 331(I), (J), and (K) are hereby amended
9 and reenacted and Code of Criminal Procedure Article 331(C)(3) and (L) are here by enacted
10 to read as follows:
11 Art. 331. Discharge of bail obligation
12 * * *
13 C. * * *
14 (3) During the statewide public health emergency declared by the
15 governor due to COVID-19, the officer charged with the defendant's detention
16 may refuse the surrender of the defendant due to the public health emergency.
17 The officer shall provide the defendant and surety with a certificate of refusal
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1 and written notice for a new appearance date and this shall qualify as an
2 appearance in accordance with Article 337. The officer shall retain a copy and
3 forward a copy of the certificate and notice to the clerk of court and the
4 prosecuting attorney.
5 * * *
6 I. In all cases and by operation of law, during the period of time declared by
7 the governor to be a statewide public health emergency due to COVID-19, the time
8 period for the appearance or surrender of a defendant is interrupted. The surety's
9 opportunity to resolve a failure to appear by surrendering, constructively
10 surrendering, or otherwise satisfying the bail obligation is automatically extended for
11 one hundred eighty days following the declared end of the state of emergency or
12 from the date of proper notice of a failure to appear to the defendant, surety agent
13 and surety, whichever is later, without need for the filing of any motion. shall be
14 calculated as follows:
15 (1) For cases when the defendant failed to appear in court and one
16 hundred eighty days from the date the notice of warrant for arrest was sent has
17 not elapsed prior to March 11, 2020, the one hundred eighty day period
18 required before filing a rule to show cause to obtain a judgment of bond
19 forfeiture shall not begin to run until August 1, 2022.
20 (2) For cases when the defendant failed to appear in court between
21 March 11, 2020, and August 31, 2020, the one hundred eighty day period
22 required before filing a rule to show cause to obtain a judgment of bond
23 forfeiture shall not begin to run until October 1, 2022.
24 (3) For cases when the defendant failed to appear in court between
25 September 1, 2020, and February 28, 2021, the one hundred eighty day period
26 required before filing a rule to show cause to obtain a judgment of bond
27 forfeiture shall not begin to run until December 1, 2022.
28 (4) For cases when the defendant failed to appear in court between
29 March 1, 2021, and August 31, 2021, the one hundred eighty day period
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1 required before filing a rule to show cause to obtain a judgment of bond
2 forfeiture shall not begin to run until February 1, 2023.
3 (5) For cases when the defendant failed to appear in court between
4 September 1, 2021, and February 28, 2022, the one hundred eighty day period
5 required before filing a rule to show cause to obtain a judgment of bond
6 forfeiture shall not begin to run until April 1, 2023.
7 (6) For cases when the defendant failed to appear in court between
8 March 1, 2022, and July 31, 2022, the one hundred eighty day period required
9 before filing a rule to show cause to obtain a judgment of bond forfeiture shall
10 not begin to run until June 1, 2023.
11 (7) For cases when the defendant failed to appear in court on or after
12 August 1, 2022, the one hundred eighty day period required before filing a rule
13 to show cause to obtain a judgment of bond forfeiture shall begin to run after
14 the notice of warrant for arrest is sent pursuant to Article 335.
15 J. Additionally, a surety may file a motion in the criminal court of records
16 seeking additional time to surrender a defendant citing specific circumstances related
17 to COVID-19 and pertaining to the defendant in the criminal matter. A motion
18 seeking relief pursuant to this Paragraph shall be filed prior to or at a hearing
19 on a rule to show cause to obtain a judgement of bond forfeiture. The court in
20 its discretion may do either of the following:
21 (1) Grant an additional extension of time not to exceed one hundred
22 eighty days. If the court grants an extension of time, the rule to show cause
23 hearing shall be continued until after the expiration of the extension of time.
24 (2) Deny the relief.
25 J.K. In cases which were continued by the court during the time period
26 declared by the governor to be a statewide public health emergency due to
27 COVID-19, it is required that notice of any new date be provided to the defendant
28 or his duly appointed agent and his personal surety or the commercial surety or the
29 agent or bondsman who posted the bail undertaking for the commercial surety in
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1 accordance with Article 330(D).
2 K.L. The court shall order the bail obligation canceled when there is no
3 further liability thereon.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 360 Original 2022 Regular Session Foil
Present law provides relative to bail undertaking and provides that upon conviction in any
case, the bail undertaking shall end and the surety shall be relieved of all obligation under
the bail undertaking. Provides that the court may require the defendant to post another bail
undertaking or may release the defendant on bail without security. Provides that with written
approval of the surety, the existing bail undertaking may continue.
Present law provides for surrender of the defendant by the surety.
Proposed law retains present law and provides that during the statewide public health
emergency due to COVID-19, the officer charged with the defendant's detention may refuse
the surrender of the defendant due to the state of emergency. Provides that the officer shall
give the defendant and the surety a certificate of refusal and written notice for a new
appearance date.
Present law provides that during the COVID-19 public health emergency, the time period
for the appearance or surrender of a defendant is interrupted. Provides that the surety's
opportunity to resolve a failure to appear is automatically extended for 180 days following
the declared end of the state of emergency or from the date proper notice of failure to appear
is given to the defendant, surety, whichever is later, without the need to file a court motion.
Proposed law removes provisions of present law that interrupted the time period for the
appearance or surrender of a defendant and the automatic extension of time for the surety
to resolve a failure to appear.
Depending on the date the defendant failed to appear in court, proposed law sets the date for
when the 180 day time period begins to run before a rule to show cause to obtain a judgment
of bond forfeiture may be filed.
Present law allows a surety to file a motion in the criminal court of records seeking
additional time to surrender a defendant provided specific circumstances related to COVID-
19 and pertaining to the defendant in the criminal matter are cited.
Proposed law retains present law and provides that a motion seeking present law relief shall
be filed prior to or at the hearing on a rule to show cause to obtain a judgement of bond
forfeiture. Provides if the court grants an additional time to surrender the defendant the rule
to show cause shall be continued until after the expiration of the extension of time.
Effective August 1, 2022.
(Amends C.Cr.P. Art. 331(I), (J), and (K); adds C.Cr.P. Art. 331(C)(3) and (L))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.