RÉSUMÉ DIGEST
ACT 90 (SB 360) 2022 Regular Session Foil
Prior law provided 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 and provides that, with
written approval of the surety, the existing bail undertaking may continue. Prior law further
provides for surrender of the defendant by the surety.
New law retains prior 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. Provides that the officer must give the defendant and the surety
a certificate of refusal and written notice for a new appearance date.
Prior law provided 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 motion.
New law deletes provisions of prior 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, new 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.
Prior law allowed 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.
New law retains prior law and provides that a motion seeking prior 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
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 indemnitor.
New law provides that if the motion meets the requirements, the court must grant the motion
and allow 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 (May 24, 2022).
(Amends C.Cr.P. Art. 331(I), (J), and (K); adds C.Cr.P. Art. 331(L))