HLS 10RS-1535 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1158
BY REPRESENTATIVE HOFFMANN
COURTS/COURT COSTS: Provides for witness fees in criminal cases for law enforcement
officers appearing in court
AN ACT1
To amend and reenact R.S. 13:3662(A), relative to witness fees for law enforcement2
officers; to provide for witness fees in criminal cases; to provide for remittance of3
witness fees to the local governing authority; to provide for the use of the monies;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 13:3662(A) is hereby amended and reenacted to read as follows: 7
ยง3662. Witness fees for law enforcement officers, fire service persons, and8
representatives of governmental traffic engineering departments9
A.(1) Each law enforcement officer, fire service person, or person testifying10
as a representative of a governmental traffic engineering department, hereinafter11
sometimes collectively referred to as "witness", or "officer", who, because of his12
official capacity, is required to be present as a witness in any civil case, or in any13
administrative hearing held pursuant to any law of this state, including but not14
limited to R.S. 32:668 or 1504 or R.S. 40:1485.6, shall be paid an appearance fee of15
forty dollars per day per case or per hearing, when the witness's presence in court,16
at the administrative hearing, or at a deposition is required by subpoena or other17
circumstance, and for which he is present, regardless of whether he actually testifies.18
However, no such appearance fee shall be paid to a witness or officer required to be19
present as a witness on behalf of a law enforcement officer or fire service person in20 HLS 10RS-1535 ORIGINAL
HB NO. 1158
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
any appeal taken by the law enforcement officer or fire service person in state or city1
civil service proceedings instituted against him.2
(2) Notwithstanding any other provision of law to the contrary and in3
addition to all other fees and costs assessed by the court in criminal matters, when4
a law enforcement officer who, because of his official capacity, is required to be5
present as a witness in a criminal case, the court shall assess as costs an appearance6
fee of eighty dollars per day per case or per hearing in misdemeanor and felony7
cases, when the witness's presence in court or at a deposition is required by subpoena8
or other circumstance, and for which he is present, regardless of whether he actually9
testifies. The sheriff shall collect the fees and remit the funds collected to the10
treasury of the local municipality who shall remit the monies collected monthly to11
an account to fund the operations of the local municipal police department.12
* * *13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HB No. 1158
Abstract: Assesses an $80 appearance fee in criminal cases to be used to fund the
operations of the local police department.
Present law provides that each law enforcement officer, fire service person, or person
testifying as a representative of a governmental traffic engineering department who is
required to be present as a witness in any civil case or in any administrative hearing shall be
paid $40 per day per case or per hearing, when the witness's presence in court, at the
administrative hearing, or at a deposition is required by subpoena or other circumstance, and
the officer appears at the proceeding.
Proposed law provides that when a law enforcement officer is required to be present as a
witness in a criminal case, the court shall assess as costs an appearance fee of $80 day per
case or per hearing in misdemeanor and felony cases, when the witness's presence in court
or at a deposition is required by subpoena or other circumstance, and for which he is present,
regardless of whether he actually testifies.
Proposed law requires the sheriff to collect the fees and remit the funds collected to the
treasury of the local municipality who shall remit the monies collected monthly to an
account to fund the operations of the local police department.
(Amends R.S. 13:3662(A))