This bill amends Code of Criminal Procedure Article 311(4)(c) to clarify the responsibilities of sureties in the context of constructive surrender. The key change is that the surety is now required to "agree to pay" reasonable or actual costs associated with returning a defendant to the jurisdiction where the arrest warrant was issued, rather than having already "paid" those costs. Additionally, if the surety fails to pay a specified amount of these costs, recovery can be pursued through a summary proceeding against both the principal and the surety, as outlined in Code of Civil Procedure Article 2592(4).
The bill also removes several procedural steps previously required of the surety, such as the need to present proof of the defendant's incarceration and to tender costs to the officer in charge of the defendant's detention. Instead, the focus is placed on the surety's agreement to cover costs and the potential for legal action if those costs are not met. Overall, the amendments aim to streamline the process of constructive surrender while ensuring that the financial responsibilities of sureties are clearly defined.