2015 Louisiana Laws
Code of Criminal Procedure
CCRP 334.3 - Prohibition on subsequent bail obligation following revocation or forfeiture; certain offenses

LA Code Crim Pro 334.3 (2015) What's This?

Art. 334.3. Prohibition on subsequent bail obligation following revocation or forfeiture; certain offenses

A.(1) Notwithstanding any other provision of law to the contrary, no person released on any type of bail or released on the signature of any other person on one or more criminal charges and where bail has been revoked or is subject to forfeiture may be readmitted to bail or released on the signature of any other person on those same charges, if that person did not voluntarily surrender following the revocation or forfeiture.

(2) Any person who voluntarily surrenders following revocation or forfeiture of bail may be released only on bail with a commercial surety and in an amount higher than the original bail.

(3) Notwithstanding any other provision of law to the contrary, no person who qualifies for bail under Subparagraph (2) of this Paragraph may be readmitted to any type of bail if that bail has been revoked or is subject to forfeiture.

(4) Notwithstanding the provisions of Subparagraphs (2) and (3) of this Paragraph, after a contradictory hearing, any person who voluntarily surrenders following revocation or forfeiture of bail may be released on the forfeited or revoked bail provided the revocation or forfeiture of the bail is rescinded by the court and the surety is present or represented at the hearing and consents. Previous instances of revocation or forfeiture of bail in unrelated cases is admissible at that contradictory hearing. The relief shall be available only at the first instance of revocation or forfeiture of that bail and within six months of the forfeiture of the bail.

B. For the purposes of this Article, "voluntarily surrender" means personal appearance without confinement by a law enforcement officer or bail recovery agent.

C. The provisions of this Article shall only apply to either of the following:

(1) A person charged with a crime of violence as defined by R.S. 14:2(B) which carries a minimum mandatory sentence of imprisonment upon conviction.

(2) A person charged with the production, manufacture, distribution, or dispensing or possession with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance as defined by the Louisiana Controlled Dangerous Substances Law.

Acts 2008, No. 659, §1; Acts 2010, No. 892, §1; Acts 2010, No. 914, §1.

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