HLS 24RS-988 ENGROSSED
2024 Regular Session
HOUSE BILL NO. 445
BY REPRESENTATIVE FONTENOT
BAIL: Provides relative to bond forfeiture
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 335, relative to bond forfeitures;
3 to provide relative to procedures for bond forfeiture; to provide time periods for
4 filing; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 335 is hereby amended and reenacted
7to read as follows:
8 Art. 335. Rule to show cause; bond forfeiture
9 If the defendant fails to make an appearance and has not been surrendered or
10 constructively surrendered within one hundred eighty days of the execution of the
11 certificate that notice of warrant for arrest was sent, the prosecuting attorney may file
12 a rule to show cause requesting that a bond forfeiture judgment be rendered. The
13 rule to show cause shall be mailed to the defendant and served on all other parties
14 against whom a judgment is sought. The rule to show cause shall be set for a
15 contradictory hearing. The time period for filing a rule to show cause to obtain a
16 judgment of bond forfeiture does not begin until shall be within five years after the
17 notice of warrant for arrest is sent.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-988 ENGROSSED
HB NO. 445
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 445 Engrossed 2024 Regular Session Fontenot
Abstract: Provides relative to bond forfeiture.
Present law provides that a prosecuting attorney may file a rule to show cause requesting that
a bond forfeiture judgment be rendered when a defendant fails to appear in court and has not
surrendered within 180 days of an issuance of an arrest warrant.
Present law also provides that the time period to file a rule to show cause begins after the
notice of warrant for arrest is sent.
Proposed law retains present law but provides that the time period for filing a rule to show
cause shall be within five years after the notice of warrant is sent.
(Amends C.Cr.P. Art. 335)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Change the time period for filing a rule to show cause from 360 days to five
years after the notice of warrant is sent.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.