reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Criminal Procedure › Art. 292. Order for preliminary examination before and after indictment

Art. 292. Order for preliminary examination before and after indictment
The court, on request of the state or the defendant, shall immediately order a preliminary examination in felony cases unless the defendant has been indicted by a grand jury.
After the defendant has been indicted by a grand jury, the court may rescind its order for a preliminary examination.
An order for a preliminary examination in felony cases may be granted by the court at any time, either on its own motion or on request of the state or of the defendant before or after the defendant has been indicted by a grand jury.
Amended by Acts 1974, Ex.Sess. No. 16, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 294. Examination of witnesses; transcript of testimony

Art. 294. Examination of witnesses; transcript of testimony
A. At the preliminary examination the state and the defendant may produce witnesses, who shall be examined in the presence of the defendant and shall be subject to cross-examination. The defendant may also testify, subject to cross-examination. A record of the preliminary examination proceedings shall be made.
B. Except upon an order issued by the court pursuant to a motion filed by the defendant, a defendant who is charged with a crime against a juvenile may not subpoena the victim to testify at the preliminary examination.
C. A transcript of the testimony of the witnesses, including that of the defendant, may be made by the court or under its direction and, if made, shall be signed and certified by the person taking the testimony.
D. Upon motion of the state or the defendant, a transcript of the preliminary examination proceedings may be made. The cost of the transcript preparation under this Paragraph shall be paid by the party making the motion, unless the party is an indigent defendant.
E. The procedures set forth in Articles 322 through 329 of the Louisiana Children's Code and R.S. 15:440.1 and 283, relative to those procedures which provide protection for children who are victims of physical or sexual abuse, shall apply to all trial and pretrial procedures.
Acts 1986, No. 1029, §1; Acts 1994, 3rd Ex. Sess., No. 142, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 295. Admissibility of transcripts in other proceedings

Art. 295. Admissibility of transcripts in other proceedings
A. The transcript of the testimony of a defendant who testified at the preliminary examination is admissible against him upon the trial of the case or, if relevant, in any subsequent judicial proceeding.
B. The transcript of testimony of any other witness who testified at the preliminary examination is admissible for any purpose in any subsequent proceeding in the case, on behalf of either party, if the court finds that the witness is dead, too ill to testify, cannot be found, or is otherwise unavailable for testimony, and that the absence of the witness was not procured by the party offering the testimony.
C. The transcript of testimony given by a person at a preliminary examination may be used by any party in a subsequent judicial proceeding for the purpose of impeaching or contradicting the testimony of such person as a witness.
Amended by Acts 1982, No. 554, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 296. Scope of preliminary examination before and after indictment

Art. 296. Scope of preliminary examination before and after indictment
If the defendant has not been indicted by a grand jury for the offense charged, the court shall, at the preliminary examination, order his release from custody or bail if, from the evidence adduced, it appears that there is not probable cause to charge him with the offense or with a lesser included offense. If the defendant is ordered held upon a finding of probable cause, the court shall fix his bail if he is entitled to bail.
After an indictment has been found by a grand jury, the preliminary examination shall be limited to the perpetuation of testimony and the fixing of bail.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 297. Transmission of transcripts and other evidence

Art. 297. Transmission of transcripts and other evidence
After the preliminary examination, unless the court has ordered the release of the defendant upon a finding that there is not probable cause to charge him with an offense, the court shall transmit, without delay, to the clerk of the court having jurisdiction of the offense:
(1) The transcript of the testimony of the witnesses, including that of the defendant if he testified;
(2) The order rendered after the examination, or a certified copy thereof; and
(3) All articles or objects admitted in evidence.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 298. Effect of informality in proceedings

Art. 298. Effect of informality in proceedings
A person ordered held in custody following a preliminary examination shall not be discharged on a writ of habeas corpus or by other process because of any informality or error in the commitment or the proceedings prior thereto that does not substantially prejudice him. No preliminary examination shall be held invalid for any purpose because of an informality or error that does not substantially prejudice the defendant.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 313.1. Detention of noncitizen defendant pending bail hearing

Art. 313.1. Detention of noncitizen defendant pending bail hearing
A. A contradictory bail hearing, as provided for in this Article, shall be held prior to setting bail for any person in custody who is not a citizen of the United States or not lawfully admitted for permanent residence and who is charged with the commission of an offense in which there was a fatality. The hearing shall be held within five days from the date of determination of probable cause, exclusive of weekends and legal holidays. At the contradictory hearing, the court shall determine the conditions of bail or whether the defendant should be held without bail pending trial.
B. In determining whether the defendant should be admitted to bail pending trial, or in determining the conditions of bail, the judge or magistrate shall consider the following:
(1) The criminal history of the defendant.
(2) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant's release.
(3) Documented history or records of substance abuse by the defendant.
(4) The seriousness of the offense charged and the weight of the evidence against the defendant.
(5) The risk that the defendant might flee.
C. Following the contradictory hearing and based upon the judge's or magistrate's review of the factors set forth in Paragraph B of this Article, the judge or magistrate may order that the defendant not be admitted to bail, upon proof by clear and convincing evidence that the defendant might flee, or that the defendant poses an imminent danger to any other person or the community.
D. If bail is granted, the judge or magistrate may consider, as a condition of bail, a requirement that the defendant wear an electronic monitoring device and be placed under active electronic monitoring and house arrest. The conditions of the electronic monitoring and house arrest shall be determined by the court and may include but are not limited to limitation of the defendant's activities outside the home and a curfew. The defendant may be required to pay a reasonable supervision fee to the supervising agency to defray the cost of the required electronic monitoring and house arrest.
E. Any violation of the conditions of bail may be punishable by revocation of the bond and the issuance of a bench warrant for the defendant's arrest or remanding of the defendant to custody or a modification of the terms of bail.
Acts 2016, No. 474, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 314. Authority to fix bail; bail order

Art. 314. Authority to fix bail; bail order
A. The following magistrates, throughout their several territorial jurisdictions, shall have authority to fix bail:
(1) District courts and their commissioners having criminal jurisdiction, in all cases.
(2) City or parish courts and municipal and traffic courts of New Orleans having criminal jurisdiction, in cases not capital.
(3) Mayor's courts and traffic courts in criminal cases within their trial jurisdiction.
(4) Juvenile and family courts in criminal cases within their trial jurisdiction.
(5) Justices of the peace in cases not capital or necessarily punishable at hard labor.
B. An order fixing bail shall be in writing, set the type and a single amount of bail for each charge, designate the officer or officers authorized to accept the bail, and shall be signed electronically or by any other means by the magistrate. An order fixing bail may issue on request of the state or defendant, or on the initiative of the magistrate.
Amended by Acts 1974, Ex.Sess. No. 18, §1, eff. Jan. 1, 1975; Acts 1981, No. 438, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, 1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 315. Schedules of bail

Art. 315. Schedules of bail
A. Unless the bail is fixed by a schedule in accordance with this Article, the amount of bail shall be specifically fixed in each case. In noncapital felony cases, a bail schedule according to the offense charged may be fixed by a district court. In misdemeanor cases, a bail schedule according to the offense charged may be fixed by a district, parish or city court for offenses committed within its trial jurisdiction. When more than one court has trial jurisdiction, the applicable bail schedule shall be that of the court in which the case is to be tried.
B. The court order setting the bail schedule shall fix the amount of bail for each offense listed, designate the officer or officers authorized to accept the bail, and order that bail be taken in conformity with the schedule. It may also contain a general provision designating the amount of bail for any noncapital felony and misdemeanor not listed in the schedule. A copy of the schedule shall be sent to all jails, sheriff's offices, and police stations within the judicial district, parish, or city. A bail schedule may be revised or rescinded at any time. The type or form of bail shall not be sent in a bail schedule.
C. A person charged with the commission of an offense for which bail is fixed by a schedule may give bail according to the schedule or demand a special order fixing bail. The bail amount fixed by schedule may be modified by the court in accordance with Article 319.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff. Sept. 1, 1994; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 316. Factors in fixing amount of bail

Art. 316. Factors in fixing amount of bail
The amount of bail shall be fixed in an amount that will ensure the presence of the defendant, as required, and the safety of any other person and the community, having regard to:
(1) The seriousness of the offense charged, including but not limited to whether the offense is a crime of violence or involves a controlled dangerous substance.
(2) The weight of the evidence against the defendant.
(3) The previous criminal record of the defendant.
(4) The ability of the defendant to give bail.
(5) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant's release.
(6) The defendant's voluntary participation in a pretrial drug testing program.
(7) The absence or presence in the defendant of any controlled dangerous substance.
(8) Whether the defendant is currently out on a bail undertaking on a previous felony arrest for which he is awaiting institution of prosecution, arraignment, trial, or sentencing.
(9) Any other circumstances affecting the probability of defendant's appearance.
(10) The type or form of bail.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 317. Organization performing or providing pretrial services

Art. 317. Organization performing or providing pretrial services
Any organization which is contracted, employed, or which receives public funds to perform or provide pretrial services, such as screening of any defendant, shall verify all background information provided by a defendant or otherwise obtained by the organization regarding the defendant.
Amended by Acts 1982, No. 276, §1; Acts 1987, No. 500, §1; Acts 1991, No. 72, §1; Acts 1992, No. 401, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2003, No. 222, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 318. Juvenile records in fixing bail

Art. 318. Juvenile records in fixing bail
A. For the purpose of fixing bail, a court may make a written request of any juvenile court for an abstract containing only the delinquent acts of a defendant currently before the requesting court. The request shall be promptly complied with; however, not more than forty-eight hours, exclusive of Saturdays, Sundays, and legal holidays, shall lapse before the requested information is deposited in the mail, addressed to the requesting court.
B. The requesting court shall not copy, duplicate, or otherwise reproduce such juvenile records, and these shall be deposited in the mail and addressed to the issuing juvenile court within seventy-two hours, exclusive of Saturdays, Sundays, and legal holidays, after bail is determined.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 319. Modifications of bail

Art. 319. Modifications of bail
A. The court having trial jurisdiction over the offense charged, on its own motion or on motion of the prosecuting attorney or defendant, for good cause, may either increase or reduce the amount of bail, or require new or additional security. For purposes of this Article, good cause for increase of bail specifically includes but is not limited to the rearrest of the defendant on offenses alleged to have been committed while out on a bail undertaking. The modification of any bail order wherein a bail undertaking has been posted by a criminal defendant and his sureties shall upon the modification terminate the liability of the defendant and his sureties under the previously existing bail undertaking. A new bail undertaking must be posted in the amount of the new bail order.
B. The defendant or his surety may, at any time before a breach of the bail undertaking and with approval of the court in which the prosecution is pending, substitute another form of security authorized by this Code. The original security, including a surety, shall be released when the substitution of security is made.
Amended by Acts 1979, No. 161, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff. Sept. 1, 1994; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 322. Commercial surety

Art. 322. Commercial surety
A surety company authorized to do business in the state of Louisiana may become surety for the release of a person on a bail undertaking. The sufficiency of security posted in the form of an appearance bond by a surety company, as required by the provisions of Title 22 of the Louisiana Revised Statutes of 1950, shall be determined solely by the commissioner of insurance. A contract to indemnify a surety company against loss on a bail undertaking is valid and enforceable.
Acts 1985, No. 232, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2006, No. 246, §1; Acts 2010, No. 710, §1; Acts 2010, No. 914, §§1, 5; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 323. Secured personal surety

Art. 323. Secured personal surety
A. A secured personal surety is a personal surety who satisfies all the requirements of Article 311(5) and specifically mortgages immovable property located in the state of Louisiana.
B. Bail without surety may be secured by a mortgage on the immovable property of the defendant pursuant to this Article or unsecured. A secured personal surety may establish a mortgage over immovable property in favor of the state of Louisiana or the proper political subdivision to secure a bail undertaking. The security shall apply only to and be limited to that immovable property specifically described in the mortgage.
C. The mortgage is established upon the recordation of a written mortgage, in authentic form satisfactory to the officer authorized to receive the bail, in the mortgage records of the parish where the immovable is located that:
(1) Contains the name and signature of the person making the mortgage.
(2) Describes the immovable and declares that a mortgage is given over it as security for the performance of the bail obligation.
(3) Certifies that the person making the mortgage owns the immovable and states its value, in excess of the amount of all encumbrances against it.
(4) Attaches to it a copy of the order fixing bail.
D. The person providing the security shall deliver a certified copy of the recorded statement establishing the mortgage and a mortgage certificate to the officer authorized to receive the bail. The officer may require additional evidence of ownership and value of the mortgaged property including a copy of the current tax assessment.
E.(1) The recorder shall cancel the mortgage from his records upon the order of the court.
(2) In all other cases, the effect of its recordation shall cease ten years after its recordation unless it is reinscribed in the manner otherwise provided by law.
F. Any materially false or incorrect statements made by a person who intentionally and knowingly gives a mortgage or security interest pursuant to this Article shall be prima facie proof of a violation of the provisions of R.S. 14:125, false swearing.
Acts 1988, No. 579, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017; Acts 2017, No. 172, §1, eff. June 12, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 324. Unsecured personal surety

Art. 324. Unsecured personal surety
A. A person in custody may be released by order of the court on an unsecured personal surety bail undertaking. An unsecured personal surety is a personal surety where the surety satisfies all the requirements of Article 311(5) and lives and resides in the state of Louisiana without specifically mortgaging or giving a security interest in any property as security to guarantee the surety's performance.
B. A personal surety shall execute an affidavit that he possesses the sufficiency and qualifications of a personal surety and that he is not disqualified from becoming a surety by Article 327. The affidavit shall list the number and amount of undischarged bail undertakings, if any, entered into by the personal surety. The officer accepting the bail may require the personal surety to state in his affidavit the nature and value of his property not exempt from execution, and the amount of his liabilities. An officer authorized to accept the bail shall have authority to administer any affidavit required of the person signing a bail undertaking.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff. Sept. 1, 1994; Acts 2000, 1st Ex. Sess., No. 95, §1; Acts 2011, 1st Ex. Sess., No. 16, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 325. Bail without surety

Art. 325. Bail without surety
A person in custody may be released by order of the court on his personal bail undertaking without the necessity of furnishing a surety, unless otherwise provided in this Title.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 327. Those who may not be sureties

Art. 327. Those who may not be sureties
A person shall not be released on bail for which an attorney at law, a judge, or ministerial officer of a court becomes a surety or provides money or property for bail; but the invalidity of such bail shall not be a defense to an action to forfeit and enforce the bail.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1999, No. 1272, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 327.1. Repealed

Art. 327.1. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 1997, No. 1156, §3; Acts 2003, No. 750, §2; Acts 2012, No. 197, §3; Acts 2014, No. 317, §6; Acts 2015, No. 242, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 328. Bail undertaking

Art. 328. Bail undertaking
A. The bail undertaking shall:
(1) Be in writing.
(2) State the court before which the defendant is bound to appear.
(3) Be entered into before an officer who is authorized to take it.
(4) State a single amount of bail for each charge.
B. The bail undertaking shall be enforceable if the above requirements are met; and no officer may refuse to accept the posting of a bail undertaking and releasing a defendant on bail if the conditions set by this Title are met. A person shall not be discharged from his bail undertaking, nor shall a judgment of forfeiture be stayed, set aside, or reversed, nor the collection of any such judgment be barred or defeated by reason of any defect of form, omission of a recital, or of a condition of the undertaking, by reason of a failure to note or record the default of any defendant or surety, or because of any other irregularity. The bail undertaking shall run, subject to the provisions of Article 626, in favor of the state of Louisiana, or the city or parish whose ordinance is charged to have been violated, with the proceeds to be disposed of according to law. No error, inaccuracy, or omission in naming the obligee on the bail undertaking is a defense to an action thereon.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 329. Declaration of residence; waiver of notice

Art. 329. Declaration of residence; waiver of notice
A. The defendant and personal surety signing a bail undertaking shall write the address at which each can be served and mailing address, if different, under their respective signatures and the last four digits of their social security number. The defendant and his counsel may, with the court's approval, by joint affidavit filed of record in the matter in which the bail undertaking was given, appoint his counsel as his agent to whom notice to appear can be sent. The appointment shall be conclusively presumed to continue until the defendant, with court approval, files of record an affidavit revoking or changing the appointment. The affidavit shall include the address to which notice to appear can be sent. A commercial surety shall place its proper mailing address and electronic address on the face of the power of attorney used to execute the bail undertaking. The agent or bondsman posting the bail undertaking shall place his proper mailing address under his signature. A bond forfeiture judgment shall not be denied or set aside because of the invalidity of the information required by this Article or for the failure to include the information required by the provisions of this Article.
B. When a person who is required to sign his name or to make a declaration in writing under the provisions of this Title swears that he cannot sign or write, the officer authorized to receive the signature or declaration in writing may, at the request of the person, sign for him or make for him the declaration in writing, with the same binding effect as if the person had himself signed or himself made the declaration in writing; provided that the declaration and signature shall be witnessed and signed by at least two competent witnesses.
C. When a person who is required to sign his name or to make a declaration in writing under the provisions of this Title indicates that he cannot speak or write the English language, the officer authorized to receive the signature or declaration in writing may provide either an interpreter or a written form in the person's native language, enabling him to sign his name or make a declaration in writing.
D. Each address provided pursuant to Paragraph A of this Article shall be conclusively presumed to continue for all proceedings until the party providing the address changes it by filing a written declaration in the matter for which the bail undertaking was filed.
E. Except for the notice required by Article 330, by signing the bond undertaking, the defendant and his surety waive any right of notice to appear, including actual notice.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 330. Notice of defendant's required appearance

Art. 330. Notice of defendant's required appearance
A. When a bail undertaking fixes an appearance date, the defendant appears as ordered, and notice of the next appearance date is given to the defendant, no additional notice of that appearance date is required to be given to the defendant or the personal surety or the commercial surety or the agent or bondsman who posted the bail undertaking for the commercial surety.
B. When a bail undertaking does not fix the appearance date, written notice of the time, date, and place the defendant is first ordered by the court to appear shall be given to the defendant or his duly appointed agent and his personal surety or the commercial surety or the agent or bondsman who posted the bail undertaking for the commercial surety.
C. If the defendant appears as ordered and the proceeding is continued to a specific date, the defendant and the personal surety or the commercial surety or the agent or bondsman who posted the bail undertaking for the commercial surety and who has been given initial notice pursuant to Paragraph A or B of this Article, need not be given notice of the new appearance date. If the defendant fails to appear as ordered, or the proceeding is not continued to a specific date, the defendant or his duly appointed agent, the personal surety or the agent or bondsman who posted the bail undertaking for the commercial surety shall be given notice of the new appearance date.
D. Notice required pursuant to the provisions of this Article to the defendant and the personal surety or the commercial surety or the agent or bondsman who posted the bail undertaking for the commercial surety shall be made to the address provided pursuant to Article 329. Notice may be:
(1) Delivered by an officer designated by the court at least two days prior to the appearance date.
(2) Mailed by United States first class mail or by electronic means in accordance with Article 329 at least five days prior to the appearance date.
E. Failure to give the notice required by this Article relieves the surety from liability on a judgment of bond forfeiture for the nonappearance of the defendant on that particular date.
Acts 1992, No. 254, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1997, No. 1305, §1; Acts 1997, No. 1498, §1, eff. Nov. 5, 1998; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 330.1. Posting bail when arrested outside of originating jurisdiction

Art. 330.1. Posting bail when arrested outside of originating jurisdiction
A. Notwithstanding any provisions of law to the contrary, a person who is arrested and booked in an executing jurisdiction pursuant to a warrant for arrest issued by the originating jurisdiction may be released from custody when bail is posted under the following conditions:
(1) The amount of the bail obligation is included on the warrant for arrest. If the warrant for arrest does not include the amount of the bail obligation, the amount may be set within forty-eight hours by anyone in the originating jurisdiction who is authorized to set bail pursuant to Article 314. If a personal surety undertaking is authorized, the personal surety undertaking shall be in accordance with either Article 323 or 324.
(2) There are no holds, court orders, or other legal impediments that would prohibit the release of the arrested person from custody.
(3) The executing jurisdiction does not object. If the executing jurisdiction objects, the originating jurisdiction shall comply with existing provisions of law relative to bail. The originating jurisdiction shall retain the right to transport or to have the person in custody transported to the originating jurisdiction for the purpose of posting bail in the originating jurisdiction.
(4) Written notice shall be provided to the executing jurisdiction when bail is posted in the originating jurisdiction and release from custody is authorized. When released, the executing jurisdiction shall provide notice in accordance with Article 330 to the arrested person. The originating jurisdiction shall deliver to the executing jurisdiction the information necessary to provide such notice to the arrested person. The notice shall include the date, time, and location of any required court appearances as well as any conditions of bail. Notwithstanding any provisions of law to the contrary, an electronic copy, digital copy, or photocopy of the arrested person's signature on the notice shall be the equivalent of an original signature.
B. The provisions of this Article shall not apply to warrants for sex offenses, homicides and crimes resulting in a death or deaths, felony domestic violence offenses, and aggravated offenses.
Acts 2021, No. 243, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 330.2. Repealed

Art. 330.2. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2005, No. 237, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 330.3. Repealed

Art. 330.3. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2014, No. 318, §1; Acts 2015, No. 439, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 332. Court order for arrest of defendant

Art. 332. Court order for arrest of defendant
The court in which the defendant is held to answer may issue a warrant for the arrest and commitment of the defendant who is at large on bail when any of the following are true:
(1) There has been a breach of the bail undertaking.
(2) It appears that a surety has become insufficient, is dead, cannot be found, or has ceased to meet the qualifications of law or does not own adequate immovable property within the state.
(3) The court is satisfied that the bail should be increased or new or additional security required.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1997, No. 1305, §1;Acts 1997, No. 1498, §1, eff. Nov. 5, 1998; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 333. Failure to appear; issuance of arrest warrant

Art. 333. Failure to appear; issuance of arrest warrant
If at the time fixed for appearance the defendant, who was properly noticed, fails to appear as required by the court, the court shall, on its own motion or on motion of the prosecuting attorney, immediately issue a warrant for the arrest of the defendant.
Amended by Acts 1975, No. 781, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2004, No. 833, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 334. Notice of warrant of arrest

Art. 334. Notice of warrant of arrest
After a warrant for arrest is issued, the clerk of court shall, within sixty days, send a notice of warrant for arrest to the prosecuting attorney. The notice shall also be sent by United States mail or electronic means to the defendant, the bail agent or bondsman, if any, and the personal surety. Notice shall be sent by electronic means or by certified mail return receipt requested to the commercial surety. All notices shall be sent to the addresses provided pursuant to Article 329 or an address registered with the Louisiana Department of Insurance. The notice to the commercial surety shall include the power of attorney number used to execute the bail undertaking. Failure to include the power of attorney number shall not affect the validity or enforcement of a resulting judgment. After sending the notice of warrant for arrest, the clerk of court shall execute a certificate that notice was sent and place the certificate in the record. Failure to send notice to the commercial surety within sixty days shall release the surety of all obligations under the bail undertaking.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1995, No. 853, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 334.1. Repealed

Art. 334.1. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2006, No. 811, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 334.2. Repealed

Art. 334.2. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2008, No. 66, §1; Acts 2010, No. 479, §1; Acts 2010, No. 584, §1; Acts 2014, No. 194, §2; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 334.3. Repealed

Art. 334.3. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2008, No. 659, §1; Acts 2010, No. 892, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 334.4. Repealed

Art. 334.4. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2012, No. 773, §1; Acts 2013, No. 261, §1; Acts 2014, No. 194, §3; Acts 2014, No. 811, §31, eff. June 23, 2014; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 335. Repealed

Art. 335. Rule to show cause; bond forfeiture
If the defendant fails to make an appearance and has not been surrendered or constructively surrendered within one hundred eighty days of the execution of the certificate that notice of warrant for arrest was sent, the prosecuting attorney may file a rule to show cause requesting that a bond forfeiture judgment be rendered. The rule to show cause shall be mailed to the defendant and served on all other parties against whom a judgment is sought. The rule to show cause shall be set for a contradictory hearing. The time period for filing a rule to show cause to obtain a judgment of bond forfeiture does not begin until after the notice of warrant for arrest is sent.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 335.1. Repealed

Art. 335.1. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 1994, 3rd Ex. Sess., No. 70, §3; Acts 1999, No. 963, §3; Acts 2003, No. 750, §2; Acts 2010, No. 126, §1; Acts 2014, No. 318, §1; Acts 2015, No. 242, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 335.2. Repealed

Art. 335.2. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2012, No. 197, §3; Acts 2014, No. 317, §6; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 336. Proof necessary at bond forfeiture hearing

Art. 336. Proof necessary at bond forfeiture hearing
A. The court at a contradictory hearing shall forfeit the bail undertaking and sign a judgment of bond forfeiture upon proof of all of the following:
(1) The bail undertaking.
(2) The power of attorney, if any.
(3) Notice to the defendant and the surety as required by Article 334.
(4) Proof that more than one hundred eighty days have elapsed since the notice of warrant for arrest was sent.
B. The judgment of bond forfeiture shall be issued against the defendant and his sureties in solido for the full amount of the bail. A bail agent who represents the surety as an insurance agent shall not be solidarily liable for the judgment of bond forfeiture against the defendant and his sureties. In the event that a bail agent who represents the surety as an insurance agent is held solidarily liable, then that bail agent may request to be released from the judgment. However, the release of the bail agent shall have no effect on the judgment decreeing the forfeiture of the bail undertaking against the defendant and his sureties.
C. The judgment shall include the address and the last four digits of the social security number for the defendant and the personal sureties. A judgment of bond forfeiture shall not be set aside because of the invalidity of the information required by the provisions of this Article or for the failure to include the information required by this Article.
Amended by Acts 1970, No. 442, §1; Acts 1974, No. 693, §1; Acts 1976, No. 537, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1997, No. 1189, §1; Acts 2004, No. 567, §1; Acts 2011, 1st Ex. Sess., No. 16, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 336.1. Repealed

Art. 336.1. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2003, No. 795, §1; Acts 2015, No. 184, §6; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 337. Interruption of the period for obtaining a bond forfeiture judgment

Art. 337. Interruption of the period for obtaining a bond forfeiture judgment
An appearance by the defendant shall interrupt the period for obtaining a bond forfeiture judgment. An appearance by the defendant does not relieve the surety of its bail undertaking obligations.
Amended by Acts 1981, No. 218, §1; Acts 1987, No. 728, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 338. Cases of nonforfeiture

Art. 338. Cases of nonforfeiture
A. A judgment decreeing the forfeiture of a bail undertaking shall not be rendered if it is proven, at or prior to the hearing on a rule to show cause, that the defendant, principal on the bail undertaking, failed to appear in court because of any of the following:
(1) The defendant was serving in the armed forces of the United States.
(2) The defendant was a member of the Louisiana National Guard called to duty pursuant to R.S. 29:7.
(3) The defendant was prevented from appearing due to a state of emergency declared by the governor.
B. There shall be a rebuttable presumption that the calling of the defendant to duty pursuant to R.S. 29:7 prevented the defendant, principal on the bail undertaking, from attending court.
Acts 1983, No. 370, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1995, No. 989, §1; Acts 1999, No. 676, §1; Acts 1999, No. 1272, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 339. Notice of judgment

Art. 339. Notice of judgment
A. Notice of the signing of judgment of bond forfeiture shall be mailed by the clerk of court to the counsel of record for each party, and to each party not represented by counsel pursuant to Code of Civil Procedure Article 1913.
B. The clerk shall file a certificate in the record showing the date on which the notice of the signing of the judgment was mailed.
Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 340. Recordation of judgment

Art. 340. Recordation of judgment
A. The district attorney may cause the judgment to be recorded in every parish in which the recordation may be proper. Every such recordation shall be without cost, pursuant to R.S. 13:4521, and shall operate as a judicial mortgage against the defendant and all his sureties.
B. Prior to recordation, the district attorney shall verify the inclusion of information on the judgment, namely, the address and the last four digits of the social security number for the defendant and the personal sureties. Third parties may rely upon the accuracy of the information required by the provisions of this Article for purposes of distinguishing the identity of the defendant and his sureties. Any judgment of bond forfeiture containing inaccurate information required by the provisions of this Article shall be deemed ineffective as a judicial mortgage to third parties who rely upon that information.
Acts 1993, No. 850, §1; Acts 1995, No. 989, §1; Acts 1999, No. 665, §1; Acts 2010, No. 914, §5; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 341. Appeals

Art. 341. Appeals
The rights of appeal of a bail undertaking forfeiture judgment shall be governed by the Code of Civil Procedure Article 2081 et seq.
Acts 1986, No. 696, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 342. Enforcement of judgment

Art. 342. Enforcement of judgment
After the delay for filing a suspensive appeal has elapsed or when a judgment becomes final and definitive, the prosecuting attorney may file a rule to show cause in accordance with R.S. 22:1441 or collect the judgment in the same manner as a civil judgment.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1999, No. 677, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 343. Repealed

Art. 343. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Amended by Acts 1968, No. 138, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §4, eff. Jan.1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 344. Repealed

Art. 344. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1995, No. 927, §1; Acts 2006, No. 246, §1; Acts 2010, No. 914, §1; Acts 2012, No. 771, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 345. Repealed

Art. 345. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1999, No. 325, §1; Acts 1999, No. 759, §1; Acts 1999, No. 1054, §1; Acts 2001, No. 1218, §1; Acts 2004, No. 374, §1; Acts 2006, No. 466, §2, eff. June 15, 2006; Acts 2010, No. 709, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 346. Repealed

Art. 346. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 347. Repealed

Art. 347. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 348. Repealed

Art. 348. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 349. Repealed

Art. 349. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2010, No. 710, §2; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 349.2. Repealed

Art. 349.2. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2010, No. 710, §2; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 349.3. Repealed

Art. 349.3. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2010, No. 914, §1; Acts 2012, No. 59, §1, eff. May 11, 2012; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 349.4. Repealed

Art. 349.4. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2010, No. 710, §2; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 349.7. Repealed

Art. 349.7. Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Acts 2010, No. 710, §2; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 351. Habeas corpus; definition

TITLE IX
HABEAS CORPUS
Art. 351. Habeas corpus; definition
Habeas corpus is a writ commanding a person who has another in his custody to produce him before the court and to state the authority for the custody.
"Custody" as used in this Title means detention or confinement as a result of or incidental to an instituted or anticipated criminal proceeding.
The provisions of this Title are not available to persons entitled to file an application for post conviction relief under Title XXXI-A.
Amended by Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 353. Application for writ; form and contents

Art. 353. Application for writ; form and contents
An application for a writ of habeas corpus shall be by written petition addressed to a competent court by the person in custody or by some other person in his behalf. If the custody is by virtue of or under pretext of a court order, a copy of such order shall be annexed to the petition, or the petition shall allege that a copy of it has been demanded and refused. The petition shall further allege:
(1) The name of the person in custody and the place of custody if known, or if not known, a statement to that effect;
(2) The name of the custodian, if known, or if not known, a designation or description of him as far as possible; and
(3) A statement of facts upon which the petition is based, which statement may be supported by affidavits filed with the petition.
The application shall conclude with a prayer for the issuance of the writ. It shall be signed by the applicant and be accompanied by an affidavit that the allegations contained in the petition are true to the best of the affiant's information and belief.
Amended by Acts 1976, No. 382, §1; Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 354. Granting of writ; time and place for answer

Art. 354. Granting of writ; time and place for answer
The court to which the application is presented shall immediately grant a writ of habeas corpus, unless it appears by the petition itself or by the documents annexed to it that the person in custody is not entitled to be set at liberty. The writ may issue at any time on any day, in term time or vacation, and shall fix the place and time for the answer, which shall be as early as practicable, and shall not exceed seventy-two hours from the time of the issuance of the writ.
Amended by Acts 1968, No. 139, §1; Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 355. Persons authorized to make service; proof of service

Art. 355. Persons authorized to make service; proof of service
A writ of habeas corpus may be served by a person over the age of twenty-one who is capable of testifying. If the writ is served by someone other than a sheriff, the affidavit of the person who served it shall be prima facie proof of such service.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 356. Method of service

Art. 356. Method of service
Service of the writ may be made on any day by:
(1) Delivering it to the person to whom it is addressed;
(2) Informing him of its contents if he refuses to receive it; or
(3) Attaching the writ to an entrance door of the residence of the person to be served or of the place of custody if such person conceals himself or cannot be found or refuses admittance to the person attempting service.
A writ of habeas corpus, although addressed to a particular person, may be served in the manner provided by this article upon any person who has custody of the person whose release is sought.