1. Applicable Statutes

Louisiana Statutes Title 22: Insurance, Chapter 1: Insurance Code Part XXXIV, Bail Enforcement Agents

Louisiana States Title 15: Criminal Procedure Chapter 1: Code of Criminal Procedure Ancillaries Code Title VIII, Bail.

Louisiana Statutes Code of Criminal Procedure Title VIII: Bail, Articles 344-345.

The regulatory body is the Department of Insurance.

2. Licensing Requirements

A "bail agent" shall mean any person, corporation, or partnership that holds an insurance license and has a contract and an appointment from an insurance company licensed and authorized to provide surety in Louisiana .

Qualifications for licensure:

• Participate in a pre-licensing education program including a minimum of eight hours of supervised instruction on applicable underwriting principles, state laws and regulations, and ethical practices.
• Participate in twelve hours of continuing education classes on approved bail underwriting instruction for license renewal. [LA RS 22:1193]

3. Notice of Forfeiture [LA CCRP 344]

• If a defendant fails to appear when a bail bond fixes the initial appearance date, no additional pre-forfeiture notice for that date is required to be given to the defendant or the commercial surety or the agent or bondsman who posted the bond for the commercial surety. The bond shall be forfeited forthwith as per R.S. 15:85.

• After entering the fact of the signing of the judgment of bond forfeiture in the court minutes, the clerk of court shall promptly mail notice of the signing of the judgment of bond forfeiture. The notice of the signing of the judgment shall be mailed by United States certified mail with return receipt to all of the following:
• The defendant at the address designated pursuant to Code of Criminal Procedure Art. 322.
• The personal sureties at the addresses designated pursuant to Code of Criminal Procedure Art. 322.
• The agent or bondsman who posted the bond for the commercial sureties at the address designated pursuant to Code of Criminal Procedure Art. 322.
• The commercial sureties at the addresses designated pursuant to Code of Criminal Procedure Art. 322. Notice to the commercial sureties shall include the power of attorney number used to execute the bond without which the bond obligation of the commercial surety shall be suspended until the power of attorney number is supplied provided the commercial surety provides notice to the clerk of court who mailed the notice to the surety of the failure to include such number in the notice by certified mail not later than thirty days following receipt of notice of the judgment. If the power of attorney number is not provided to the commercial surety within thirty days following the date of receipt by the clerk of court of the notice that it was not included in the notice of the judgment, the commercial surety shall be released from the bond obligation. [LA RS 15:85]

• Failure to mail proper notice of the signing of the judgment within sixty days after the defendant's failure to appear shall release the sureties of any and all obligations under the bond. [LA RS 15:85]

4. Forfeiture to Judgment [LA RS 15:85]

After the defendant's failure to appear, the court clerk shall promptly mail notice of the signing of the judgment to the surety company via certified mail.

If after six months and ten days from the mailing of proper notice of the signing of the judgment, a judgment of bond forfeiture against a commercial surety company has not been suspensively appealed nor satisfied or proceedings challenging the bond forfeiture have not been timely filed, the prosecuting attorney may either file a rule to show cause with the commissioner of insurance in accordance with R.S. 22:658.1 or collect the judgment in the same manner as a civil judgment.

If after 210 days from the mailing of proper notice, the judgment has not been paid, the prosecuting attorney may file a motion to enjoin the surety company from posting bail bonds in the jurisdiction.

5. Forfeiture Defenses [LA RS 15:87]

No judgment decreeing the forfeiture of an appearance bond shall be rendered, if it is shown to the satisfaction of the court that the defendant is prevented from attending because of any of the following:

• He has a physical disability, illness, or injury.
• He is being detained in the jail or penitentiary of another jurisdiction.
• He is serving in the armed forces of the United States .

B. A sworn affidavit of the jailer, warden, physician, commanding officer, or other responsible officer where the principal is detained, who attests to the cause of the defendant's failure to appear shall be considered adequate proof of the defendant/principal's inability to appear.

6. Remission [LA RS 15:85(10)]

If the defendant appears within six months after mailing of the notice of the signing of the judgment of bond forfeiture, the judgment will be fully satisfied and set aside.

7. Bail Agent's Arrest Authority [LA CCRP 345]

For the purpose of surrendering the defendant, the surety may arrest him.

8. Other Noteworthy Provisions

9. State Appellate Decisions

State v. Cloter, 762 So.2d 1079 (2000)

Defendant sought to set aside judgment of bond forfeiture. The District Court set aside judgment, and state appealed. The Supreme Court held that defendant's arrest did not operate as satisfaction of otherwise properly noticed judgment of bond forfeiture. Vacated; judgment of bond forfeiture reinstated; remanded.

State v. International Fidelity Ins. Co. , 756 So.2d 565 (2000)

Surety filed motion to be released from its bond obligations. The Fourth Judicial District Court ordered release of surety upon its payment of $112 for transporting principal to jail. State appealed. The Court of Appeal held that surety was not entitled to release from $4,000 judgment of bond forfeiture. Reversed and rendered.

Stephens v. Bail Enforcement of Louisiana , 690 So.2d 124 (1997)

Plaintiff brought suit for damages against bail bond company, bounty hunters, and lender which had financed purchase of plaintiff's truck, arising out of incident in which plaintiff was allegedly beaten when he was seized by bounty hunters and transported to another state to satisfy bonds posted in criminal case. The Twenty-First Judicial District Court entered judgment for plaintiff. Lender suspensively appealed. The Court of Appeal held that: (1) lender could not be held liable, under theory of respondeat superior, for tortious acts of bail bondsmen and bounty hunters, and (2) evidence did not support imposition of liability upon lender as civil coconspirator. Reversed.

10. Bounty Hunter Provisions [LA RS 22:1514.2]

Bail enforcement agents shall be subject to the same licensing and fee requirements as bail bond insurance agents.