Section 319 – Modifications of bail

May 13, 2021 | Crimianl Procedure, Louisiana

A.The court having trial jurisdiction over the offense charged, on its own motion or on motion of the prosecuting attorneyor defendant, for good cause, may either increase or reduce the amount of bail, or require new or additional security. For purposes of this Article, good cause for increase of bail specifically includes but is not limited to the rearrest of the defendant on offenses alleged to have been committed while out on a bail undertaking. The modification of any bail order wherein a bail undertakinghas been posted by a criminal defendant and his sureties shall upon themodification terminate the liability of the defendant and his sureties under the previously existing bail undertaking. A new bail undertakingmust be posted in the amount of the new bail order. (Source: Art. 342)
B.The defendant or his surety may, at any time before a breach of the bail undertaking and with approval of the court in which the prosecution is pending, substitute another form of security authorized by this Code. The original security, including a surety, shall be released when the substitution of security is made. (Source: Art 328)

La. Cr.P. § 319

Amended by Acts 2016, No. 613,s. 1, eff. 1/1/2017.
Amended by Acts 1979, No. 161, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff. Sept. 1, 1994; Acts 2010, No. 914, §1.