La. Code Crim. Proc. art. 336
This is the official text of La. Code Crim. Proc. art. 336, part of Louisiana’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Louisiana.
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Proof necessary at bond forfeiture hearing
Official statutory text
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, 1 st Ex. Sess., No. 16, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
(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, 1 st Ex. Sess., No. 16, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
Status: in_force · Read it on the official government site
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