Art. 333. Failure to appear; notice and issuance of warrant for arrest; effect on surety

            A. When, at the time fixed for any appearance as required by the court, the defendant, who was properly noticed, fails to appear as required by the court, the court shall, on its own motion or on motion of the prosecuting attorney, immediately issue a warrant for the arrest of the defendant. The clerk of court shall send a notice of the warrant for arrest to the prosecuting attorney. The notice of the warrant for arrest shall also be sent by United States mail or electronic means to the defendant and the personal surety, if any. The notice of the warrant for arrest shall be delivered to the bail agent and the commercial surety through electronic means, or certified mail, return receipt requested, within sixty days of the defendant's failure to appear.

            B. Notice of a bench warrant shall be sent to the addresses provided pursuant to Article 329. The notice to the commercial surety and the bail agent shall include the power of attorney number used to execute the bail undertaking. Failure to include the power of attorney number shall not affect the validity or enforcement of a resulting judgment. After sending the notice of warrant for arrest, the clerk of court shall execute a certificate that notice was sent and shall place the certificate and either the proof of certified mailing or confirmation of electronic service in the record.

            C. Failure to send notice of the bench warrant to the commercial surety and the bail agent within sixty days of the defendant's failure to appear shall release the surety of all obligations under the bail undertaking.

            Amended by Acts 1975, No. 781, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2004, No. 833, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017; Acts 2026, No. 672, §1.