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.