Art. 324. Unsecured personal surety
A. A person in custody may be released by order of the court on an unsecured
personal surety bail undertaking. An unsecured personal surety is a personal surety where
the surety satisfies all the requirements of Article 311(5) and lives and resides in the state of
Louisiana without specifically mortgaging or giving a security interest in any property as
security to guarantee the surety's performance.
B. A personal surety shall execute an affidavit that he possesses the sufficiency and
qualifications of a personal surety and that he is not disqualified from becoming a surety by
Article 327. The affidavit shall list the number and amount of undischarged bail
undertakings, if any, entered into by the personal surety. The officer accepting the bail may
require the personal surety to state in his affidavit the nature and value of his property not
exempt from execution, and the amount of his liabilities. An officer authorized to accept the
bail shall have authority to administer any affidavit required of the person signing a bail
undertaking.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1994, 3rd Ex. Sess., No. 52, §1, eff.
Sept. 1, 1994; Acts 2000, 1st Ex. Sess., No. 95, §1; Acts 2011, 1st Ex. Sess., No. 16, §1; Acts
2016, No. 613, §1, eff. Jan. 1, 2017.