Louisiana Revised Statutes 22:1441 – Failure to timely satisfy claim under criminal bond contract
Terms Used In Louisiana Revised Statutes 22:1441
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
A. A prosecuting attorney may file with the office of the commissioner of insurance a rule to show cause if all the following are true:
(1) A defendant failed to appear after January 1, 2017, and a judgment of bond forfeiture has been rendered against the commercial surety underwriter.
(2) Notice pursuant to Code of Criminal Procedure Article 339 has been mailed.
(3) All time delays for taking a suspensive appeal, as set forth in Code of Civil Procedure Article 2123, have run and no suspensive appeal has been taken.
(4) The defendant has neither been surrendered, constructively surrendered, nor appeared within one hundred eighty days of the execution of the certificate that notice of warrant for arrest was sent.
(5) More than one hundred eighty days have lapsed since the execution of the certificate that notice of warrant for arrest was sent.
(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) Within thirty days of the filing of a rule to show cause by the prosecuting attorney with the commissioner of insurance, the commissioner of insurance shall provide written notice to the insurance company or commercial surety of the filing of the rule to show cause and bail bond forfeiture judgment ordering the insurance company or commercial surety to pay the judgment of bond forfeiture.
(2) The commissioner shall order the commercial surety underwriter to immediately pay the judgment of bond forfeiture, if the commissioner finds that all of the following are true:
(a) A defendant failed to appear after January 1, 2017, and a judgment of bond forfeiture has been rendered against the commercial surety underwriter.
(b) Notice pursuant to Code of Criminal Procedure Article 339 has been mailed.
(c) All time delays for taking a suspensive appeal, as set forth in Code of Civil Procedure Article 2123, have run and no suspensive appeal has been taken.
(d) The defendant has neither been surrendered, constructively surrendered, nor appeared within one hundred eighty days of the execution of the certificate that notice of warrant for arrest was sent.
(e) More than one hundred eighty days have lapsed since the execution of the certificate that notice of warrant for arrest was sent.
(f) The judgment of bond forfeiture has not been satisfied by payment.
(3) Within thirty days after the commercial surety or insurance company is notified by the commissioner of the rule to show cause and bail bond forfeiture, the commercial surety or insurance company shall provide to the commissioner evidence that the forfeiture was paid, or that a motion contesting the validity of the bail bond forfeiture was filed in the court where the judgment of bail bond forfeiture was rendered. The commercial surety or insurance company may, for good cause shown, petition the commissioner in writing for an extension of time. The granting or denial of the extension shall be at the sole discretion of the commissioner.
(4) If, after thirty days, the commercial surety or insurance company has not provided evidence that the judgment of bail bond forfeiture was paid or that a motion contesting the validity of the judgment of bail bond forfeiture was filed, the commissioner shall petition the division of administrative law to hold a hearing, naming the commercial surety or insurance company as the respondent requiring the commercial surety or insurance company to show cause why the commissioner’s order to pay the bond forfeiture should not be upheld and confirmed. Upon receipt of the commissioner’s petition to hold a hearing, the division of administrative law shall notify the commercial surety or insurance company at the address of the home office of that organization of the setting of the time, place, and date for a hearing to be held in the manner provided in Chapter 12 of this Title, La. Rev. Stat. 22:2191 et seq.
(5) At the hearing, the administrative law judge shall rule whether the following are true:
(a) A defendant failed to appear after January 1, 2017, and a judgment of bond forfeiture has been rendered, against the commercial surety underwriter.
(b) Notice pursuant to Code of Criminal Procedure Article 339 has been mailed.
(c) All time delays for taking a suspensive appeal, as set forth in Code of Civil Procedure Article 2123, have run and no suspensive appeal has been taken.
(d) The defendant has neither been surrendered, constructively surrendered, nor appeared within one hundred eighty days of the execution of the certificate that notice of warrant for arrest was sent.
(e) More than one hundred eighty days have lapsed since the execution of the certificate that notice of warrant for arrest was sent.
(f) The judgment of bond forfeiture has not been satisfied by payment.
D.(1) 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 notice of the signing of the judgment of bond forfeiture.
(2) If the commercial surety or insurance company does not meet the burden of proof set forth in Paragraph (1) of this Subsection, then the administrative law judge shall enter an order upholding and confirming the commissioner’s order to the commercial surety or insurance company to pay the bond forfeiture.
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; Redesignated from La. Rev. Stat. 22:658.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 914, §4; Acts 2016, No. 613, §3, eff. Jan. 1, 2017.
NOTE: Former La. Rev. Stat. 22:1441 redesignated as La. Rev. Stat. 22:2321 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.