2006 Louisiana Laws - RS 22:658.1 — Failure to timely satisfy claim under criminal bond contract

§658.1.  Failure to timely satisfy claim under criminal bond contract

A.  Any prosecuting attorney may file with the commissioner of insurance's office a rule to show cause if all the following are true:

(1)  A judgment of bond forfeiture has been rendered after June 22, 1993, against the commercial surety underwriter.

(2)  Proper notice pursuant to R.S. 15:85 has been mailed.

(3)  No suspensive appeal has been taken.

(4)  The defendant has neither been surrendered nor appeared within six months of mailing of the notice of the signing of the judgment of bond forfeiture.

(5)  More than six months has lapsed from the mailing of the proper notice of the signing of the judgment of bond forfeiture.

(6)  The judgment of bond forfeiture has not been satisfied by payment.

B.  The prosecuting attorney shall attach adequate documentation to support his affidavit and submit it to the commissioner of insurance.

C.(1)  The commissioner of insurance shall within ten days of receipt of the request for rule to show cause issued by the prosecuting attorney send notice to the commercial surety underwriter setting a date for a rule to show cause not less than three days nor more than ten days from the issuance of the commissioner's notice.  At the rule to show cause, the commissioner may consider only issues which would interrupt the enforceability of the judgment.

(2)  The commissioner shall order the commercial surety underwriter to pay immediately the judgment of bond forfeiture, if the commissioner finds that all of the following are true:

(a)  A judgment of bond forfeiture has been rendered after June 22, 1993, against the commercial surety underwriter.

(b)  Proper notice pursuant to R.S. 15:85 has been mailed.

(c)  No suspensive appeal has been taken.

(d)  The defendant has neither been surrendered nor appeared within six months of mailing of the notice of the signing of the judgment of bond forfeiture.

(e)  More than six months has lapsed from the mailing of the proper notice of the signing of the judgment of bond forfeiture.

(f)  The judgment of bond forfeiture has not been satisfied by payment.

D.  The burden of proof at the hearing shall be upon the commercial surety by a preponderance of evidence and shall be limited to documents contained in the official court record where the judgment was rendered.  The surety company may use evidence not contained in the record to show that it did not receive post-forfeiture notice or the post-forfeiture notice required pursuant to R.S. 15:85 was not properly mailed.

E.  A commercial surety shall pay an administrative fine of five hundred dollars to the Department of Insurance for each hearing to show cause in which the commercial surety is a named party when the judgment has been paid after the issuance of a rule to show cause that meets the requirements of Subsection A of this Section.

Acts 1993, No. 834, §5, eff. June 22, 1993; Acts 1999, No. 1151, §1, eff. July 9, 1999.