Louisiana 2010 Regular Session

Louisiana House Bill HB624

Introduced
3/29/10  
Refer
3/29/10  
Report Pass
4/20/10  
Engrossed
5/3/10  
Refer
5/4/10  
Report Pass
6/2/10  
Enrolled
6/16/10  
Chaptered
6/29/10  

Caption

Provides with respect to bail bonds and judgments of bond forfeiture

Impact

The bill will have significant implications on how bail bonds are executed and enforced in Louisiana. By establishing stricter documentation requirements, it aims to create a more reliable system for tracking defendants who fail to appear in court. The amendment indicating that judgments cannot be set aside for inaccuracies aims to streamline processes for law enforcement and court officials, reducing the likelihood of legal disputes that arise from technicalities associated with bond agreements. This could lead to a more efficient handling of bail cases across the state.

Summary

House Bill 624 amends the Code of Criminal Procedure in Louisiana to enhance the requirements for bail bonds and judgments of bond forfeiture. The bill mandates that both the defendant and the surety must provide their residential addresses and the last four digits of their social security numbers when signing a bail bond. This information is considered conclusively valid until officially changed by the defendant. Furthermore, the bill clarifies that a bail bond or judgment of bond forfeiture cannot be invalidated simply due to missing or incorrect information, thus simplifying the legal process surrounding bail agreements.

Sentiment

Discussions around HB 624 appeared to be supportive, with stakeholders recognizing the importance of providing clear and accurate information in bail agreements. Advocates believe that the changes will improve compliance and accountability within the bail system. However, there may also be concerns from some legal representatives regarding the implications of the potential liabilities introduced by the bill, particularly concerning the solidary liability of bail agents as insurance representatives in situations of bond forfeiture.

Contention

A notable point of contention is the liability of bail agents, which has raised questions about their protection under this legislation. While the bill attempts to clarify responsibilities, there are concerns that it may create an environment where bail agents could be unfairly held accountable for the actions of defendants. The amendment concerning judgments of bond forfeiture, particularly in terms of validity and enforcement, may also bring difficulties in balancing rigorous oversight of bail agreements with the rights and protections afforded to defendants.

Companion Bills

No companion bills found.

Previously Filed As

LA HB540

Provides with respect to electronic bond forfeitures

LA HB418

Provides with respect to bond forfeiture

LA SB439

Provides relative to bail. (1/1/15)

LA HB410

Bail Bonds; Bail Reform Act of 1993 and Bail Bond Regulatory Act amended; certain undeposited fees forgiven; penalties for crime of bail jumping increased; to provide further for conditional forfeitures, out-of-state bondsmen and sureties, limitations on property owners as sureties; to provide further for the definition of an employee of a professional bail bond company or professional surety company, for the licensing and duties of apprentices; to increase the membership of the Alabama Professional Bail Bonding Board; provide for a late fee for renewals; and to require applicants for licensing to be residents of this state for at least one year

LA HB478

Relating to the Alabama Bail Reform Act of 1993; to amend Sections 15-13-107, 15-13-111, 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-134, 15-13-136, 15-13-137, 15-13-138, 15-13-139, 15-13-140, 15-13-141, 15-13-145, 15-13-159, 15-13-160, and 15-13-164, Code of Alabama 1975, to provide for the acceptance of certain filing fees by the sheriff or jailer; to further define cash bail and property bail; to provide further for the arrest and delivery of a defendant to jail by a surety with no court costs to be entered on the surety; to provide that a surety not be charged for a bondsman's process or for a certified copy of a bond; to require the license number of the bondsman or recovery on a bondsman's process form; to allow a surety to sign for a forfeiture with the clerk of the ordering court; to increase the time frame for which the ordering court has jurisdiction over a forfeiture action; to authorize a bail bondsman to file motions, answers, and notices relating to a defendant who is out on bond with that bondsman; to increase the time frames for providing notice and conducting hearings in conditional forfeiture proceedings; to remove the requirement that a conditional judgment to set aside be made absolute for the entire sum; to provide further for instances when a court may set aside forfeiture and may not release a defendant on judicial public bail; to provide further for eligibility for judicial public bail; to provide further for the amount of new corporate surety bonds and escrow agreements required in counties with populations of 200,000 or more; to provide further for criminal penalties for certain unlawful behavior; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

LA SB213

Relating to the Alabama Bail Reform Act of 1993; to amend Sections 15-13-107, 15-13-111, 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-134, 15-13-136, 15-13-137, 15-13-138, 15-13-139, 15-13-140, 15-13-141, 15-13-145, 15-13-159, 15-13-160, and 15-13-164, Code of Alabama 1975, to provide for the acceptance of certain filing fees by the sheriff or jailer; to further define cash bail and property bail; to provide further for the arrest and delivery of a defendant to jail by a surety with no court costs to be entered on the surety; to provide that a surety not be charged for a bondsman's process or for a certified copy of a bond; to require the license number of the bondsman or recovery on a bondsman's process form; to allow a surety to sign for a forfeiture with the clerk of the ordering court; to increase the time frame for which the ordering court has jurisdiction over a forfeiture action; to authorize a bail bondsman to file motions, answers, and notices relating to a defendant who is out on bond with that bondsman; to increase the time frames for providing notice and conducting hearings in conditional forfeiture proceedings; to remove the requirement that a conditional judgment to set aside be made absolute for the entire sum; to provide further for instances when a court may set aside forfeiture and may not release a defendant on judicial public bail; to provide further for eligibility for judicial public bail; to provide further for the amount of new corporate surety bonds and escrow agreements required in counties with populations of 200,000 or more; to provide further for criminal penalties for certain unlawful behavior; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

LA SB360

Provides relative to bond forfeiture. (gov sig)

LA HB3451

Relating to procedures regarding the forfeiture and collection of certain bail bonds.

LA SB281

Provides relative to bail bond forfeiture hearings. (8/1/16)

LA H0323

Bail Bonds

Similar Bills

LA SB281

Provides relative to bail bond forfeiture hearings. (8/1/16)

LA SB439

Provides relative to bail. (1/1/15)

WV HB4712

Require the prompt enrollment in payment plans for costs, fines, forfeitures, restitution, or penalties in circuit court and magistrate court

WV HB4423

To allow West Virginia Magistrate Courts to more easily recover payments owed to them.

LA HB286

Provides for a comprehensive revision of the law regarding bail

LA HB418

Provides with respect to bond forfeiture

OK SB805

Bondsman; allowing a bond to be exonerated by law following written request of the prosecuting attorney by the bondsman or insurer under certain conditions. Effective date.

OK SB805

Bondsman; allowing a bond to be exonerated by law following written request of the prosecuting attorney by the bondsman or insurer under certain conditions. Effective date.