Rule Text
A surety company authorized to do business in the state of Louisiana may become surety for the release of a person on a bail undertaking. The sufficiency of security posted in the form of an appearance bond by a surety company, as required by the provisions of Title 22 of the Louisiana Revised Statutes of 1950, shall be determined solely by the commissioner of insurance. A contract to indemnify a surety company against loss on a bail undertaking is valid and enforceable.
Amendment history: Acts 1985, No. 232, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2006, No. 246, §1; Acts 2010, No. 710, §1; Acts 2010, No. 914, §§1, 5; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If someone gets arrested and needs to post bail, they can use a bail bond company (also called a surety company) to help get released from jail. This company must be officially licensed to do business in Louisiana. Instead of the defendant paying the full bail amount themselves, the bail bond company puts up the money and guarantees the court that the person will show up.
The rule also explains who checks whether these bail bond companies have enough money and resources to back up the bonds they issue. That job belongs to the state's insurance commissioner, not a judge or court clerk. This keeps the financial oversight of bail bond companies consistent across the state.
Finally, the rule allows bail bond companies to require someone, often a family member or friend of the defendant, to sign an agreement promising to cover any losses if the defendant skips court. This kind of agreement is legally valid and can be enforced if things go wrong. In short, it protects the bail bond company financially if the person they bailed out doesn't follow through with their court obligations.