2023 Louisiana Laws › Code of Criminal Procedure › Art. 311. Definitions

TITLE VIII. BAIL
Art. 311. Definitions
For the purpose of this Title, the following definitions shall apply:
(1) Bail is the security given by a person to assure a defendant's appearance before the proper court whenever required.
(2) An appearance is a personal appearance before the court or the court's designee, where the charges are pending.
(3) A surrender is the detention of the defendant at the request of the surety by the officer originally charged with his detention on the original commitment. When the surety has requested the surrender of the defendant, the officer shall acknowledge the surrender by a certificate of surrender signed by him and delivered to the surety.
(4) A constructive surrender is the detention of the defendant in another parish of the state of Louisiana or a foreign jurisdiction under the following circumstances:
(a) A warrant for arrest has been issued for the defendant in the jurisdiction in which the bail obligation is in place.
(b) The surety has provided proof of the defendant's current incarceration to the court in which the bail obligation is in place, to the prosecuting attorney, and to the officer originally charged with the defendant's detention.
(c) The surety has paid reasonable or actual costs of returning the defendant to the jurisdiction where the warrant for arrest was issued by one of the following methods:
(i) Upon presentation of proof of the defendant's current incarceration in a foreign jurisdiction to the officer originally charged with the defendant's detention, the officer shall provide the surety with the reasonable or actual costs of returning the defendant to the jurisdiction where the warrant for arrest was issued when the costs are immediately known or can be estimated.
(ii) The surety tenders to the officer originally charged with the defendant's detention the reasonable or actual costs of returning the defendant to the jurisdiction where the warrant for arrest was issued.
(iii) The surety provides proof of payment to the court and to the prosecuting attorney.
(iv)(aa) In cases where the reasonable or actual costs of returning the defendant to the jurisdiction where the warrant for arrest was issued are not immediately known, the officer originally charged with the defendant's detention shall accept the surety's tender of reasonable costs as provided in R.S. 13:5535 for in-state transfers or for estimated costs for out-of-state transfers.
(bb) The surety shall provide proof of payment to the court and the prosecuting attorney.
(cc) If the actual costs of returning the defendant to the jurisdiction where the warrant for arrest was issued are more than the estimated costs tendered by the surety, the officer originally charged with the defendant's detention may file a rule to show cause with the court to recover the difference.
(5) A surety's motion and affidavit for issuance of warrant may be filed when the defendant is found incarcerated in a foreign jurisdiction and a warrant has not been issued by the court or in which the bail obligation is in place. In such instances, the surety may file a motion with the court requesting a warrant be issued when the following conditions have been met:
(a) There has been a breach of the bail undertaking.
(b) The surety provides proof of the defendant's current incarceration outside of the state of Louisiana. The defendant's incarceration may be used as evidence of a breach of the bail undertaking.
(c) The defendant did not have written permission from the court to leave the state of Louisiana.
(d) Upon presentation of evidence of the breach of the bail undertaking, the court may issue a warrant for the defendant's violation of the conditions of the bail undertaking.
(e) The surety may then file the constructive surrender in accordance with this Article and Article 331.
(6) A personal surety is a natural person domiciled in the state of Louisiana who owns property in this state that is subject to seizure and is of sufficient value to satisfy, considering all his property, the amount specified in the bail undertaking. The value of the property shall exclude the amount exempt from execution, and shall be over and above all other liabilities including the amount of any other bail undertaking on which he may be principal or surety. If there is more than one personal surety, then the requirements shall apply to the aggregate value of their property. A personal surety shall not charge a fee or receive any compensation for posting a bail undertaking. A bail undertaking of a personal surety may be unsecured or secured.
(7) Bail enforcement is the apprehension or surrender by a natural person of a principal who is released on bail or who has failed to appear at any stage of the proceedings to answer the charge before the court in which the principal may be prosecuted.
(8) A bail enforcement agent is a licensed bail agent who engages in the apprehension or surrender by a natural person of a principal who is released on bail or who has failed to appear at any stage of the proceedings to answer the charge before the court in which the principal may be prosecuted.
(9) The originating jurisdiction is the jurisdiction where the warrant for the arrest was issued and where the charges are pending.
(10) The executing jurisdiction is the jurisdiction where the defendant is arrested and incarcerated on a warrant for arrest.
Acts 2016, No. 613, §1, eff. Jan. 1, 2017; Acts 2020, No. 267, §1; Acts 2021, No. 197, §1; Acts 2021, No. 243, §1.