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      CCRP 311     

  

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, the prosecuting attorney, and the officer originally charged with the defendant's detention.

            (c) The surety has paid to the officer the reasonable costs of returning the defendant to the jurisdiction where the warrant for arrest was issued.

            (5) 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.

            Acts 2016, No. 613, §1, eff. Jan. 1, 2017.



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