CCRP 328

348 words·~2 min read·/la/328-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CCRP 328

Art. 328. Bail undertaking

A. The bail undertaking shall:

(1)Be in writing.

(2)State the court before which the defendant is bound to appear.

(3)Be entered into before an officer who is authorized to take it.

(4)State a single amount of bail for each charge.

B. The bail undertaking shall be enforceable if the above requirements are met; and no officer may refuse to accept the posting of a bail undertaking and releasing a defendant on bail if the conditions set by this Title are met. A person shall not be discharged from his bail undertaking, nor shall a judgment of forfeiture be stayed, set aside, or reversed, nor the collection of any such judgment be barred or defeated by reason of any defect of form, omission of a recital, or of a condition of the undertaking, by reason of a failure to note or record the default of any defendant or surety, or because of any other irregularity.

The bail undertaking shall run, subject to the provisions of Article 626, in favor of the state of Louisiana, or the city or parish whose ordinance is charged to have been violated, with the proceeds to be disposed of according to law. No error, inaccuracy, or omission in naming the obligee on the bail undertaking is a defense to an action thereon.

C.(1) An electronic bond may be executed in a parish where the sheriff has electronic bond software in place. Agents may be approved by the sheriff to execute an electronic bond. A licensed bail bond producer applying for electronic bond authority may make an application to the sheriff and shall be domiciled and maintain a principal place of business in this state and possess a Louisiana bail bond producer license for at least three years preceding the date of application.

(2)The approving sheriff authority may require any documents deemed necessary to verify the information contained in the application.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017; Acts 2024, No. 564, §1.