The original instrument was prepared by Michelle D. Ridge. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Whitney Kauffeld.
DIGEST
SB 360 Engrossed 2022 Regular Session Foil
Present law provides relative to bail undertaking and provides that upon conviction in any case, the
bail undertaking ends and the surety is 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 further 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 must 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
agent, and surety whichever is later, without the need to file a court motion.
Proposed law deletes 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 must be filed
prior to or at the hearing on a rule to show cause to obtain a judgement of bond forfeiture and include
a sworn affidavit of efforts to locate the defendant, an engagement contract between the bondsman
and the recovery team and the last communication between the defendant's next of kin or indemnitor.
Proposed law provides that if the motion meets the requirements, the court must grant the motion
and allow an additional time to surrender the defendant. The rule to show cause must be continued until after the expiration of the extension of time. If the motion does not meet the requirements, the
court will deny the motion.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 331(I), (J), and (K); adds C.Cr.P. Art. 331(L))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Changes various dates relative to applicability of proposed law.
2. Provides for bail bondsman to file a motion for additional extension and must include
a sworn affidavit of efforts to locate the defendant, an engagement contract between
the bondsman and the recovery team, and the last communication between the
defendant's next of kin or the indemnitor.
3. Change effective date from 8/1/22 to effective on governor's signature.