Louisiana 2025 Regular Session

Louisiana Senate Bill SB87 Latest Draft

Bill / Introduced Version

                            SLS 25RS-259	ORIGINAL
2025 Regular Session
SENATE BILL NO. 87
BY SENATOR BARROW 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL PROCEDURE. Provides relative to notices of warrant of arrest of a person who
fails to appear in court after release on bail. (8/1/25)
1	AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 334, relative to bail; to provide
3 relative to notices of warrants of arrest for failure to appear; to provide for
4 distribution of notices by the clerk of court; to provide for cancellation of
5 obligations; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Art. 334 is hereby amended and reenacted to
8 read as follows:
9 Art. 334. Notice of warrant of arrest
10	After a warrant for arrest is issued, the clerk of court shall, within sixty days,
11 send a notice of warrant for arrest to the prosecuting attorney. The notice shall also
12 be sent by United States mail or electronic means to the defendant, the bail agent or
13 bondsman, if any, and the personal surety, and the cash depositor who posted the
14 bond. Notice shall be sent by electronic means or by certified mail return receipt
15 requested to the commercial surety. All notices shall be sent to the addresses
16 provided pursuant to Article 329 or an address registered with the Louisiana
17 Department of Insurance. The notice to the commercial surety shall include the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 87
SLS 25RS-259	ORIGINAL
1 power of attorney number used to execute the bail undertaking. Failure to include the
2 power of attorney number shall not affect the validity or enforcement of a resulting
3 judgment. After sending the notice of warrant for arrest, the clerk of court shall
4 execute a certificate that notice was sent and place the certificate in the record.
5 Failure to send notice to the commercial surety or the cash depositor within sixty
6 days shall release the surety or cash depositor of all obligations under the bail
7 undertaking.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 87 Original	2025 Regular Session	Barrow
Present law requires the clerk of court to send a notice of a warrant for arrest of a person
who fails to appear after release on bail to the prosecuting attorney within 60 days of the
warrant's issue and to send copies of the notice, by either U.S. mail or electronic means, to
the defendant, the bail agent or bondsman, if any, and the personal surety.
Proposed law retains present law and requires the clerk of court to send a copy of the notice
of arrest warrant to the cash depositor who posted the bond.
Present law provides that failure of the clerk of court to send the required notice to the
commercial surety within 60 days releases the surety from all obligations under the bail
undertaking.
Proposed law retains present law and provides that failure of the clerk of court to send the
required notice to the cash depositor within 60 days releases the cash depositor from all
obligations under the bail undertaking.
Effective August 1, 2025.
(Amends C.Cr.P. Art. 334)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.