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HB 772

BAIL: Provides relative to notice for warrants for arrest

2026 Regular Session Introduced by Chasity Martinez

The bill requires immediate arrest warrants after a missed appearance and tightens electronic/mail notice rules to agents, bondsmen, and parties.

Effective date: 08/01/2026.
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Bill Summary · HB 772

Summary of HB 772 (2026, Louisiana) – Bail: Notice for Warrant of Arrest

Purpose and Intent

HB 772 revises how notices related to bail and warrants for arrest are issued and communicated in Louisiana. The bill consolidates and updates existing procedures, removes a repealed provision, and clarifies duties of defendants, sureties, agents, and bondsmen in the bail process. It aims to streamline notice requirements and strengthen timely communication when a defendant fails to appear.

Key Provisions and Changes

  • Declaration of Residence (Art. 329 A)

    • Defendants and personal sureties signing bail undertakings must provide:
    • Address for service and mailing address (if different)
    • Last four digits of Social Security number
    • With court approval, the defendant and counsel may appoint an agent (often counsel) to receive notice to appear. The appointment is recorded and continues unless revoked by affidavit with the court’s approval.
    • Commercial sureties must provide proper mailing and electronic mail addresses on the bail undertaking’s face.
    • The agent/bondsman also must provide proper mailing and electronic addresses.

  • Notice to Receive: Condition for Notice (Art. 329 F)

    • Establishes that proper mailing and electronic mailing addresses are required to receive notices under the bail provisions.

  • Arrest Warrant Notice for Failure to Appear (Art. 333)

    • When a properly notified defendant fails to appear, the court must issue a warrant for arrest immediately (removing previous conditions requiring a motion to issue promptly).
    • The court must issue an attachment and deliver the notice of attachment to the agent and surety via electronic means or certified mail within 30 days of the failure to appear.
    • After issuing the arrest warrant, the clerk must notify the prosecuting attorney, the defendant, the bail agent/bondsman, and the personal surety. Notices to the commercial surety must include the power of attorney number used to execute the bail undertaking; failure to include it does not affect validity.
    • The clerk must record in the court record that the notice was sent.
    • If the clerk fails to send notice to the commercial surety and the agent/bondsman within 60 days, the surety is released from all obligations.

  • Rule to Show Cause; Bond Forfeiture (Art. 335)

    • The prosecuting attorney may file a rule to show cause for bond forfeiture if the defendant does not appear and has not surrendered within 180 days after the notice of arrest was sent.
    • Prosecuting attorney may not be awarded court costs or attorney fees for filing this rule.

  • Proof at Bond Forfeiture Hearing (Art. 336)

    • Requires notice to all parties as specified by Articles 333 and 334; relevant portions retained under reform.

  • Title 15, § 574.15(A)(1) (Parole authority)

    • Adds a provision allowing certain elected officials to parole individuals arrested for municipal ordinance violations in municipalities with populations over 300,000, while preserving judicial authority to set bail.

  • Repeal of C.Cr.P. Article 334

    • The current notice-of-arrest provision (Art. 334) is repealed and its contents are integrated into the new procedures under Art. 333.

  • Cross-References

    • Revisions remove and adjust cross-references to the repealed statute to avoid inconsistencies.

Who Is Affected

  • Defendants in bail proceedings and their personal sureties.
  • Commercial sureties (bondsmen) and their agents.
  • Defense counsel acting as agents for notice.
  • Clerks of court, prosecutors, and the bail bond industry.
  • Municipal officials empowered to parole under the amended statute (in large municipalities).

Procedural and Timeline Aspects

  • Immediate issuance of arrest warrants upon defendant’s failure to appear (no motion requirement).
  • Notice to agent, bondsman, defendant, and surety within 30 days of non-appearance; notices delivered electronically or by certified mail.
  • Failure to send notice to commercial surety/agent within 60 days can release the surety from obligations.
  • Rule-to-show-cause window for bond forfeiture remains with a 180-day trigger post-notice; no costs/fees for the prosecutor related to filing.
  • Repeal of Article 334 and integration of its principles into existing Articles 333, 335, and 336 under a revised framework.

Effective Date

  • The act references legislative intent and its alignment with Act 221 from the 2024 Regular Session; the exact effective date would be determined by final enactment and any transitional provisions.

If you’d like, I can provide a side-by-side comparison with the current law (Art. 333–334) to highlight every nuance.

Compiled from official sources — confirm details with the bill’s official record.

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