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HB171 • 2026

BAIL: Provides relative to personal sureties

BAIL: Provides relative to personal sureties

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Annie Spell
Last action
2026-05-11
Official status
Signed by the Governor - Act 59
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details about updates to other parts of the law or a detailed definition of an unsecured personal surety beyond what is provided in the bill text.

Bail Changes for Personal Sureties

This act changes the rules about personal sureties who can post bail without having to put up property as security.

What This Bill Does

  • Changes the law so that a person can be released on bail with an unsecured personal surety, meaning no property needs to be used as collateral.

Who It Names or Affects

  • People who are arrested and can use a personal surety for bail instead of cash or property.
  • Courts that decide on bail conditions.

Terms To Know

Personal Surety
A person who promises to pay the court if someone they're helping doesn't show up in court as promised.
Unsecured Personal Surety
A personal surety who does not need to put up property or money as security when posting bail.

Limits and Unknowns

  • The act only changes the rules for unsecured personal sureties and doesn't affect other types of bail arrangements.
  • It's unclear how many people will use this new option for bail instead of traditional methods.

Bill History

  1. 2026-05-11 H

    Effective date: 08/01/2026.

  2. 2026-05-11 H

    Signed by the Governor. Becomes Act No. 59.

  3. 2026-05-07 H

    Sent to the Governor for executive approval.

  4. 2026-05-07 S

    Signed by the President of the Senate.

  5. 2026-05-06 H

    Enrolled and signed by the Speaker of the House.

  6. 2026-05-06 H

    Received from the Senate without amendments.

  7. 2026-05-05 S

    Read by title, passed by a vote of 35 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

  8. 2026-04-27 S

    Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

  9. 2026-04-22 S

    Read by title and referred to the Legislative Bureau.

  10. 2026-04-21 S

    Reported favorably.

  11. 2026-03-25 S

    Read second time by title and referred to the Committee on Judiciary C.

  12. 2026-03-24 S

    Received in the Senate. Rules suspended. Read first time by title and placed on the Calendar for a second reading.

  13. 2026-03-24 H

    Read third time by title, roll called on final passage, yeas 97, nays 0. Finally passed, title adopted, ordered to the Senate.

  14. 2026-03-23 H

    Scheduled for floor debate on 03/24/2026.

  15. 2026-03-23 H

    Read by title, ordered engrossed, passed to 3rd reading.

  16. 2026-03-18 H

    Reported favorably (11-0).

  17. 2026-03-09 H

    Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

  18. 2026-02-20 H

    First appeared in the Interim Calendar on 2/20/2026.

  19. 2026-02-18 H

    Under the rules, provisionally referred to the Committee on Administration of Criminal Justice.

  20. 2026-02-18 H

    Prefiled.

Official Summary Text

BAIL: Provides relative to personal sureties

Current Bill Text

Read the full stored bill text 
ENROLLED
ACT No. 592026 Regular Session
HOUSE BILL NO. 171
BY REPRESENTATIVE SPELL
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Articles 323(A) and 324(A), relative to
3 personal sureties; to provide relative to bail; to provide a technical correction to
4 certain cross-references; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Articles 323(A) and 324(A) are hereby
7 amended and reenacted to read as follows:
8 Art. 323. Secured personal surety
9 A. A secured personal surety is a personal surety who satisfies all the
10 requirements of Article 311(5) and specifically mortgages immovable property
11 located in the state of Louisiana.
12 * * *
13 Art. 324. Unsecured personal surety
14 A. A person in custody may be released by order of the court on an
15 unsecured personal surety bail undertaking. An unsecured personal surety is a
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 171 ENROLLED
1 personal surety where the surety satisfies all the requirements of Article 311(5) and
2 lives and resides in the state of Louisiana without specifically mortgaging or giving
3 a security interest in any property as security to guarantee the surety's performance.
4 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.