House Bill No. by Representative Fontenot amends Code of Criminal Procedure Article 335, which pertains to bond forfeitures. The bill establishes that if a defendant fails to appear and has not surrendered within 180 days of the notice of the arrest warrant, the prosecuting attorney may file a rule to show cause for a bond forfeiture judgment. The rule must be mailed to the defendant and served on all relevant parties, and it will be set for a contradictory hearing.
A significant change introduced by this bill is the modification of the time period for filing a rule to show cause for bond forfeiture. Previously, the time period did not begin until a certain condition was met, but the new language specifies that the filing must occur within five years after the notice of the warrant for arrest is sent. This change aims to clarify the timeline for bond forfeiture proceedings and ensure timely action by the prosecuting attorney.