SB 321 — CRIMINAL PROCEDURE: Provides relative to electronic bonds. (gov sig)

SLS 26RS-606 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

321 BY SENATOR KLEINPETER CRIMINALAN PROCEDURE.ACT ToamendandreenactCodeofCriminalProcedureArt.328(C)andR.S.22:822(A),relative to electronicbonds;

Providesto relativeprovide tofor electroniccertain bonds.conditions on the use of electronicbonds;

(gov sig) AN ACT ToamendandreenactCodeofCriminalProcedureArt.328(C)andR.S.22:822(A),relative to electronicbonds;

to provide for certainconditions on the use of electronic bonds;

Bail undertaking * * * C.(1) An electronic bond may shall only be executed in a parish where the sheriffhassheriff electronicbondhas electronic bond software in place.

A licensed bail bond producer applying for electronic bond authorityauthoritymay may shall 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 precedingthe Pagedate 1 of 5application. Coding:

(2) The approving sheriff authority may require any documents deemed necessaryto verifythe information contained in the application and may establish additional requirements for approval of electronic bond authority within the parish, including but not limited to geographic limitations, proof of local domicile or principal place of business within the parish, geofencing parameters, or other requirements that the sheriff deems appropriate for the administration of electronic bonds within the parish.

(3)Anyparishthatelectstoimplementelectronicbondsshallallowboth in-person and electronic methods of posting bail bonds.

Page 1 of 4 Coding:

SLS 26RS-606 REENGROSSED SB NO.

321 dateENROLLED (4)(a) The electronic bond provider shall maintain a registry of application.agents approvedbyeachparticipatingparishsherifftoexecuteelectronicbondswithin that parish.

(2) The approving sheriff authority may require any documents deemed necessaryto verify the information contained in the application and may establish additional requirements for approval of electronic bond authority within the parish, including but not limited to geographic limitations, proof of local domicile or principal place of business within the parish, geofencing parameters, or other requirements that the sheriff deems appropriate for the administration of electronic bonds within the parish.

(3)Anyparishthatelectstoimplementelectronicbondsshallallowboth in-person and electronic methods of posting bail bonds.

(4)(a) The electronic bond provider shall maintain a registry of agents approvedbyeachparticipatingparishsherifftoexecuteelectronicbondswithin that parish.

Page(b) 2The electronic bond provider shall ensure that the authentication requiredbySubparagraph(a)ofthisParagraphisperformedpersonallybythe approved agent of 5record Coding:at the time of each individual bond posting.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-606 REENGROSSED SB NO.

321 (b) The electronic bond provider shall ensure that the authentication requiredbySubparagraph(a)ofthisParagraphisperformedpersonallybythe approved agent of record at the time of each individual bond posting.

(d) The electronic bond provider shall offer automated clearing house (ACH)electronicfundstransferasamethodofpaymentforfeesassociatedwithPage the2 posting of an4 electronicCoding: bond.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

321 ENROLLED (ACH)electronicfundstransferasamethodofpaymentforfeesassociatedwith the posting of an electronic bond.

Criminal bail bond annual license fee A.(1) On premiums for all commercial surety underwriters who write criminal bail bonds in the state of Louisiana, there shallbeafeeequalshall tobeafeeequalto two dollars for each one hundred dollars worth of liability underwritten by the commercial surety.

The sheriff may receive the fee by check, orcash,orautomatedclearinghouseorcash, (ACH)andshallorautomatedclearinghouse(ACH)andshallonlyacceptitonlyfromthe onlyacceptitonlyfromthe surety or the agent of the surety.

Page(2)(a) 3When an electronic bond is posted pursuant to Code of 5Criminal Coding:Procedure Article 328, the sheriff shall accept payment of the fee by ACH electronic funds transfer, and a licensed bail bond producer may collect from the defendant, principal, or indemnitor any fees associated with the posting of an electronic bond that are authorized by law, including but not limited to platform access fees, transaction fees, and ACH processing fees.

(b) The fees shall not exceed the actual cost charged to the producer by the electronic bond provider.

(c) In the event a suretyor agent of the suretypresents payment of the fee by an instrument which is returned for insufficient funds, the agent or the agent of the suretyshall be prevented from presenting the appearance bonds with their power of attorney attached until the outstanding fees are paid to the sheriff.

Page 3 of 4 Coding:

SLS 26RS-606 REENGROSSED SB NO.

321 (2)(a)ENROLLED When* an* electronic* bondSection is3. posted pursuant to Code of Criminal Procedure Article 328, the sheriff shall accept payment of the fee by ACH electronic funds transfer, and a licensed bail bond producer may collect from the defendant, principal, or indemnitor any fees associated with the posting of an electronic bond that are authorized by law, including but not limited to platform access fees, transaction fees, and ACH processing fees.

(b) The fees shall not exceed the actual cost charged to the producer by the electronic bond provider.

(c) In the event a suretyor agent of the suretypresents payment of the fee by an instrument which is returned for insufficient funds, the agent or the agent of the suretyshall be prevented from presenting the appearancebonds with their power of attorney attached until the outstanding fees are paid to the sheriff.

* * * Section 3.

ThePRESIDENT originalOF instrumentTHE andSENATE theSPEAKER followingOF digest,THE whichHOUSE constitutesOF noREPRESENTATIVES partGOVERNOR ofOF theTHE legislativeSTATE instrument,OF wereLOUISIANA preparedAPPROVED: bySenate Legislative Services.

ThePage keyword,4 summary, and digest do not constitute part of the4 lawCoding: or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 321 Reengrossed 2026 Regular Session Kleinpeter Present law allows for the posting of electronic bonds.