State Codes and Statutes

Statutes > Louisiana > Ccrp > Ccrp324

Art. 324. Cash deposits

A.(1) In lieu of a surety the defendant may furnish his personal undertaking, secured by a deposit with an officer authorized to accept the bail.

(2) The deposit shall consist of any of the following which are equal to the amount of the bail:

(a) Cash.

(b) A certified or cashier's check on any state or national bank.

(c) Bonds of the United States government negotiable by delivery.

(d) Bonds of the state of Louisiana or any political subdivision thereof negotiable by delivery.

(e) United States postal money orders or money orders issued by any state or national bank.

(3) The court in the parishes of St. John the Baptist and St. Charles, by written rule, may alter the percentage amount of bail to be deposited with the officer authorized to accept the bond and authorize the officer to charge an administrative fee, not to exceed fifteen dollars, for processing the bond.

B. Upon final disposition of all cases in which a deposit of money, checks, bonds, or money orders has been made pursuant to this Article, and said deposits have remained unclaimed for a period of one year from the date of said final disposition, the officer authorized to accept said bail shall apply and use one-half of said funds for the operation and maintenance of the office of the clerk of court, or the office of the clerk of the criminal district court, or the office of the clerk of the criminal district court in parishes having a population of four hundred fifty thousand or more, and one-half to the local governing authority after advertising his intention to so utilize said funds by publication in the official parish journal of a notice to the public containing an itemized list of all of said funds on deposit, containing the names and last known addresses of defendants and the docket numbers of the cases involved. Said publication shall be made once within thirty days after the final disposition of the case as aforesaid. The clerk shall also send a notice by certified mail to each of said defendants at the last known address of said defendant. Any interest earned on the funds deposited for bail shall be disbursed as provided in Paragraph E of this Article.

C. After said publication and mailing of said notice by certified mail, the clerk of court, or the clerk of the criminal district court in parishes having a population of four hundred fifty thousand or more shall petition the court of proper jurisdiction for permission to utilize said funds for the use, operation, and maintenance of the office of the clerk of court or the clerk of criminal district court in parishes having a population of four hundred fifty thousand or more.

D. When bail has been given in conformity with this Article, the money, check, bond, or money order shall not be subject to garnishment, attachment, or seizure under any legal process. An assignment or sale thereof by the owner, to be valid, must be in the form of an authentic act and filed in the proceedings in the court having jurisdiction to discharge the bail. The property shall remain on deposit and the assignment or sale shall be contingent upon the nonforfeiture of the bail.

E. When money, checks, or money orders have been given for bail in conformity with this Article, those funds may be deposited by the officer authorized to accept bail into an interest-bearing account established exclusively for the deposit of such funds. Interest earned on the deposits in the account shall be used solely for the operation and maintenance of the office of the clerk of court.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff. Sept. 1, 1994; Acts 2000, 1st Ex. Sess., No. 95, §1.

State Codes and Statutes

Statutes > Louisiana > Ccrp > Ccrp324

Art. 324. Cash deposits

A.(1) In lieu of a surety the defendant may furnish his personal undertaking, secured by a deposit with an officer authorized to accept the bail.

(2) The deposit shall consist of any of the following which are equal to the amount of the bail:

(a) Cash.

(b) A certified or cashier's check on any state or national bank.

(c) Bonds of the United States government negotiable by delivery.

(d) Bonds of the state of Louisiana or any political subdivision thereof negotiable by delivery.

(e) United States postal money orders or money orders issued by any state or national bank.

(3) The court in the parishes of St. John the Baptist and St. Charles, by written rule, may alter the percentage amount of bail to be deposited with the officer authorized to accept the bond and authorize the officer to charge an administrative fee, not to exceed fifteen dollars, for processing the bond.

B. Upon final disposition of all cases in which a deposit of money, checks, bonds, or money orders has been made pursuant to this Article, and said deposits have remained unclaimed for a period of one year from the date of said final disposition, the officer authorized to accept said bail shall apply and use one-half of said funds for the operation and maintenance of the office of the clerk of court, or the office of the clerk of the criminal district court, or the office of the clerk of the criminal district court in parishes having a population of four hundred fifty thousand or more, and one-half to the local governing authority after advertising his intention to so utilize said funds by publication in the official parish journal of a notice to the public containing an itemized list of all of said funds on deposit, containing the names and last known addresses of defendants and the docket numbers of the cases involved. Said publication shall be made once within thirty days after the final disposition of the case as aforesaid. The clerk shall also send a notice by certified mail to each of said defendants at the last known address of said defendant. Any interest earned on the funds deposited for bail shall be disbursed as provided in Paragraph E of this Article.

C. After said publication and mailing of said notice by certified mail, the clerk of court, or the clerk of the criminal district court in parishes having a population of four hundred fifty thousand or more shall petition the court of proper jurisdiction for permission to utilize said funds for the use, operation, and maintenance of the office of the clerk of court or the clerk of criminal district court in parishes having a population of four hundred fifty thousand or more.

D. When bail has been given in conformity with this Article, the money, check, bond, or money order shall not be subject to garnishment, attachment, or seizure under any legal process. An assignment or sale thereof by the owner, to be valid, must be in the form of an authentic act and filed in the proceedings in the court having jurisdiction to discharge the bail. The property shall remain on deposit and the assignment or sale shall be contingent upon the nonforfeiture of the bail.

E. When money, checks, or money orders have been given for bail in conformity with this Article, those funds may be deposited by the officer authorized to accept bail into an interest-bearing account established exclusively for the deposit of such funds. Interest earned on the deposits in the account shall be used solely for the operation and maintenance of the office of the clerk of court.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff. Sept. 1, 1994; Acts 2000, 1st Ex. Sess., No. 95, §1.


State Codes and Statutes

State Codes and Statutes

Statutes > Louisiana > Ccrp > Ccrp324

Art. 324. Cash deposits

A.(1) In lieu of a surety the defendant may furnish his personal undertaking, secured by a deposit with an officer authorized to accept the bail.

(2) The deposit shall consist of any of the following which are equal to the amount of the bail:

(a) Cash.

(b) A certified or cashier's check on any state or national bank.

(c) Bonds of the United States government negotiable by delivery.

(d) Bonds of the state of Louisiana or any political subdivision thereof negotiable by delivery.

(e) United States postal money orders or money orders issued by any state or national bank.

(3) The court in the parishes of St. John the Baptist and St. Charles, by written rule, may alter the percentage amount of bail to be deposited with the officer authorized to accept the bond and authorize the officer to charge an administrative fee, not to exceed fifteen dollars, for processing the bond.

B. Upon final disposition of all cases in which a deposit of money, checks, bonds, or money orders has been made pursuant to this Article, and said deposits have remained unclaimed for a period of one year from the date of said final disposition, the officer authorized to accept said bail shall apply and use one-half of said funds for the operation and maintenance of the office of the clerk of court, or the office of the clerk of the criminal district court, or the office of the clerk of the criminal district court in parishes having a population of four hundred fifty thousand or more, and one-half to the local governing authority after advertising his intention to so utilize said funds by publication in the official parish journal of a notice to the public containing an itemized list of all of said funds on deposit, containing the names and last known addresses of defendants and the docket numbers of the cases involved. Said publication shall be made once within thirty days after the final disposition of the case as aforesaid. The clerk shall also send a notice by certified mail to each of said defendants at the last known address of said defendant. Any interest earned on the funds deposited for bail shall be disbursed as provided in Paragraph E of this Article.

C. After said publication and mailing of said notice by certified mail, the clerk of court, or the clerk of the criminal district court in parishes having a population of four hundred fifty thousand or more shall petition the court of proper jurisdiction for permission to utilize said funds for the use, operation, and maintenance of the office of the clerk of court or the clerk of criminal district court in parishes having a population of four hundred fifty thousand or more.

D. When bail has been given in conformity with this Article, the money, check, bond, or money order shall not be subject to garnishment, attachment, or seizure under any legal process. An assignment or sale thereof by the owner, to be valid, must be in the form of an authentic act and filed in the proceedings in the court having jurisdiction to discharge the bail. The property shall remain on deposit and the assignment or sale shall be contingent upon the nonforfeiture of the bail.

E. When money, checks, or money orders have been given for bail in conformity with this Article, those funds may be deposited by the officer authorized to accept bail into an interest-bearing account established exclusively for the deposit of such funds. Interest earned on the deposits in the account shall be used solely for the operation and maintenance of the office of the clerk of court.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff. Sept. 1, 1994; Acts 2000, 1st Ex. Sess., No. 95, §1.

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