SB 321: CRIMINAL PROCEDURE: Provides relative to electronic bonds. (gov sig) - Louisiana

SB321 Original → SB321 Act 489 · 7 edits

MODERATE

This bill updates the rules for electronic bail bonds in Louisiana to ensure security and transparency. It requires parishes using electronic bonds to also allow traditional in-person bonds, mandates strict identity verification for agents, and establishes a registry system to track approved bond agents.

Scope change

The bill expands the scope of electronic bond regulations by requiring that any parish implementing electronic bonds must simultaneously allow in-person bond postings, preventing a complete shift to digital-only systems.

REQUIREMENT

Parishes that choose to use electronic bonds must continue to accept traditional in-person bond postings.

Electronic bond providers must maintain a public registry of approved agents and verify an agent's status before allowing them to post a bond.

Every bond posting requires multi-factor authentication, including facial recognition liveness checks and a secondary factor independent of login credentials.

Providers are prohibited from using shared login credentials, shared authentication devices, or proxy authentication.

Sheriffs may require geofencing to limit electronic bond postings to specific areas near the jail.

ELIGIBILITY

Only licensed bail bond producers with at least three years of experience can apply to execute electronic bonds.

FISCAL

Electronic bond providers must offer Automated Clearing House (ACH) transfers as a payment method for fees, and producers may charge specific fees for platform access and processing.

SB321 Enrolled → SB321 Original · 4 edits

MODERATE

The bill was renumbered from an Enrolled version to an Original draft, and the text was significantly cleaned up to remove confusing typos and contradictory clauses. The core policy requirements remain the same: parishes using electronic bonds must also allow in-person bonds, providers must use facial recognition and geofencing (within 10 miles of the jail), and fees must be paid via ACH.

Scope change

The bill's scope and applicability remain unchanged; the text was reformatted to correct errors and improve clarity.

TECHNICAL

The bill header was changed from 'ENROLLED' to 'ORIGINAL' and the page count was updated from 4 pages to 2 pages.

REQUIREMENT

Typos and contradictory phrasing in the eligibility section were corrected, such as changing 'may shall' to 'may' and 'Agents Only agents' to 'Agents'.

Conflicting instructions regarding geofencing were resolved; the text now clearly requires a geo-fence not exceeding ten miles from the jail facility.

Redundant and repetitive text regarding agent approval and application documents was streamlined for clarity.

SB321 Reengrossed → SB321 Enrolled · 5 edits · May 25, 2026

MODERATE

This bill transitions from a draft version to its final enrolled form, confirming the new rules for electronic bail bonds. The changes establish strict security requirements, such as mandatory facial recognition and multi-factor authentication, to prevent fraud. It also clarifies how fees are collected, allowing producers to charge for platform and transaction costs while ensuring the sheriff receives the required fee via Automated Clearing House (ACH).

Scope change

The scope of applicability remains focused on electronic bail bonds within Louisiana parishes, but the enrolled version finalizes the specific operational and security protocols that parishes must adopt.

REQUIREMENT

Mandated the use of facial recognition liveness verification and a secondary authentication factor independent of login credentials for every bond posting.

Prohibited the use of shared login credentials, shared authentication devices, or proxy authentication by anyone other than the approved agent of record.

FISCAL

Updated fee collection methods to allow producers to charge defendants for platform and transaction fees, while requiring the sheriff's fee to be paid via ACH.

ENFORCEMENT

Authorized sheriffs to require geographic restrictions or geofencing to limit where electronic bonds can be posted within a parish.

TECHNICAL

Minor formatting and page count adjustments occurred as the bill moved from the reengrossed draft to the final enrolled version.

SB321 Engrossed → SB321 Reengrossed · 6 edits · May 19, 2026

MODERATE

The bill was reengrossed to expand its scope by adding a new section that amends the state's bail bond fee law to specifically allow for Automated Clearing House (ACH) payments. It also updated the criminal procedure section to clarify that sheriffs can set additional requirements for electronic bond agents, such as maintaining a local registry and enforcing geographic limits, while retaining the requirement for facial recognition.

Scope change

The bill's scope expanded from solely amending criminal procedure to also include amendments to the state's bail bond fee statute (R.S. 22:822), thereby changing how fees are collected and paid.

REQUIREMENT

Added a requirement for sheriffs to maintain a parish registry of approved electronic bond agents and to deny access to agents not listed on this registry.

Modified the geographic restriction rule to give sheriffs the authority to define specific geofencing parameters rather than using a fixed ten-mile radius.

Added a requirement for multi-factor authentication, including facial recognition liveness checks and a secondary factor independent of login credentials.

Removed the specific mandate that agents must have held a license for at least three years to apply for electronic bond authority.

FISCAL

Added a new provision allowing bail bond fees to be paid via Automated Clearing House (ACH) transfer and permitting agents to collect specific transaction fees from defendants.

TIMELINE

Changed the effective date notation from a specific date (August 1, 2026) to a general 'governor signature' marker.

CRIMINAL PROCEDURE: Provides relative to electronic bonds. (gov sig)

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