A.A judgment decreeing the forfeiture of a bail undertakingshall not be rendered if it is proven, at or prior to the hearing on a rule to show cause,that the defendant, principal onthe bail undertaking, failed to appear in courtbecause of any of the following: (Source: Art. 349.9(A))
(1) The defendant wasserving in the armed forces of the United States. (Source: Art. 349.9(A)(3))(2) The defendant wasa member of the Louisiana National Guard called to duty pursuant to R.S. 29:7. (Source: Art. 349.9(A)(4))(3) The defendant was prevented from appearing due to a state of emergency declared by the governor.B. There shall be a rebuttable presumption that the calling of the defendant to duty pursuant to R.S. 29:7 prevented the defendant, principal on the bail undertaking, from attending court.
Comments – 2016
(a) The term “serving in the armed forces of the United States” refers to service within (1) the armed forces on active duty, (2) the National Guard while on full-time National Guard Duty, or (3) a Reserve Component while performing inactive-duty training. See 10 U.S.C. § 976 (a)(1) (2015); see also 10 U.S.C. § 101 (d) (2015) (defining the terms “active duty,” “full-time National Guard duty,” and “inactive-duty training”).(b) Note that federal law currently provides that “[a] court may not enforce a bail undertaking during the period of military service of the principal on the bond when military service prevents the surety from obtaining the attendance of the principal. The court may discharge the surety and exonerate the bail, in accordance with principles of equity and justice, during or after the period of military service of the principal.” 50 App. U.S.C. § 513(c) (2015); see also 50 App. U.S.C. § 511 (2015) (defining the terms “military service” and “period of military service”).
