SLS 10RS-180 ORIGINAL Page 1 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 SENATE BILL NO. 13 BY SENATOR B. GAUTREAUX RETIREMENT BENEFITS. Allows garnishment of Louisiana public retirement or pension system, plan, or fund benefits of an elected official to pay fines or restitution imposed for a felony associated with his office. (7/1/10) AN ACT1 To amend and reenact R.S. 11:292, 570, 930, 951.3, 952.3, 1378, 1905, 3014, 3051, 3111,2 3140, 3198, 3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513, 3608(A), 3691,3 3770, 3800, and 3823, and R.S. 13:3881(D)(1), relative to garnishment or seizure of4 pension or retirement benefits; to provide for garnishment or seizure of benefits from5 public retirement or pension systems, plans, or funds; to provide relative to the6 applicability of certain court orders to such benefits; to provide for garnishment or7 seizure of such benefits to pay any fine or restitution ordered for certain felony8 convictions associated with service as an elected official; to provide for an effective9 date; and to provide for related matters.10 Notice of intention to introduce this Act has been published.11 Be it enacted by the Legislature of Louisiana:12 Section 1. R.S. 11:292, 570, 930, 951.3, 952.3, 1378, 1905, 3014, 3051, 3111, 3140,13 3198, 3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513, 3608(A), 3691, 3770, 3800, and14 3823 are hereby amended and reenacted to read as follows:15 §292. Seizure for child support; garnishment or seizure for payment of certain16 fines or restitution17 SB NO. 13 SLS 10RS-180 ORIGINAL Page 2 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. A. Notwithstanding any other provision of law to the contrary, any1 retirement allowance, benefit, or refund of accumulated contributions paid to any2 member, former member, or retiree under the provisions of any public retirement3 system, or the portion of a retirement allowance, benefit, or refund of accumulated4 contributions paid to a spouse or former spouse under the provisions of R.S. 11:291,5 shall be subject to garnishment or court-ordered assignment to pay child support.6 B.(1) Notwithstanding any other provision of law to the contrary, any7 pension, retirement allowance, or benefit, or any refund of accumulated8 contributions payable to any member, former member, or retiree under the9 provisions of any public pension or retirement system, plan, or fund shall be10 subject to garnishment under a writ of fieri facias to pay any court-ordered11 restitution or fine imposed on such member, former member, or retiree as a12 result of a conviction of or a plea of guilty or nolo contendere to the commission13 of a felony for misconduct associated with such person's service as an elected14 official for which credit in the system, plan, or fund was earned or accrued.15 (2) Notwithstanding any other provision of law to the contrary, a16 garnishment authorized pursuant to this Subsection may be continuing in17 nature as necessary to pay the court-ordered restitution or fine in full.18 * * *19 §570. Exemption from execution20 Any annuity, retirement allowance or benefit, or refund of contributions, or21 any optional benefit or any other benefit paid or payable to any person under the22 provisions of this Subpart is exempt from state or municipal tax, and is exempt from23 levy and sale, garnishment, attachment or any other process whatsoever, except as24 provided in R.S. 11:292, and is unassignable.25 * * *26 §930. Exemption from execution27 Annuity contracts issued under the optional retirement plan and all rights28 thereto of a participant in the optional retirement plan shall be exempt from any state29 SB NO. 13 SLS 10RS-180 ORIGINAL Page 3 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. or municipal tax, assessment for the insolvency of any life insurance company, any1 levy or sale, garnishment, attachment, or any process whatsoever, except as2 provided in R.S. 11:292, and shall be unassignable except as otherwise specifically3 provided in the annuity contract.4 * * *5 §951.3. Pensions, benefits, etc., exemption from seizure6 The right of a person to a pension, an annuity, or a retirement allowance, to7 the return of contributions, the pension, annuity or retirement allowance itself, or any8 other right accrued or accruing to any person under the provisions of this Part and9 the money in the various accounts created by this Part shall not be subject to10 execution, garnishment, attachment or any other process whatsoever, except as11 provided in R.S. 11:292, and shall be unassignable except as specifically provided12 for in this Part.13 * * *14 §952.3. Exemption of pension and other rights from levy and other processes15 The right of a person to a retirement allowance, or to the return of16 contributions; the retirement allowance itself; any optional benefit or any other right17 accrued or accruing to any person under the provisions of this Part; and the moneys18 in the funds created by this Part are exempt from any state or municipal tax, and19 exempt from levy and sale, garnishment, attachment, or any other process20 whatsoever, except as provided in R.S. 11:292, and shall be unassignable except21 as otherwise specifically provided in this Part.22 * * *23 §1378. Retirement pay or pension; exemption from taxes and execution24 Any retirement pay or pension paid to any judge or the surviving spouse of25 any judge under the unfunded judicial retirement plan is exempt from any state or26 municipal income tax, and is exempt from levy and sale, garnishment, attachment27 or any other process whatsoever, except as provided in R.S. 11:292.28 * * *29 SB NO. 13 SLS 10RS-180 ORIGINAL Page 4 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §1905. Exemption from execution1 The following items are hereby exempt from any state or municipal tax and2 from levy and sale, garnishment, attachment, or any other process whatsoever as3 provided in this Chapter, except as provided in R.S. 42:720.21: 11:292: the right of4 a person to a pension, an annuity, or a retirement allowance, or to the return of5 contributions, the pension, annuity, or retirement allowance itself, any optional6 benefit or any other right accrued or accruing to any person, and the moneys in7 various funds created by this Chapter. These enumerated items shall be8 unassignable, except as in this Chapter specifically otherwise provided. Benefits9 paid under this Chapter shall be exempt from state income tax. If the contributions10 of an employee are paid by an employer in order to secure credit for service, these11 funds may be assigned to the employer until such time as the employee has repaid12 contributions so paid or the employer has released the contributions so paid by13 written notice to the board.14 * * *15 §3014. Exemptions from execution16 The right of a person to an annuity, a retirement allowance, or benefit, or to17 the return of contributions, or to any optional benefit or any other right accrued or18 accruing to any person under the provisions of this Part, and the monies in the system19 created by this Part, is are hereby exempt from any state or municipal tax, and20 exempt from levy and sale, garnishment, attachment, or any other process21 whatsoever, except as provided in R.S. 11:292, and shall be unassignable except22 as in this Part specifically otherwise provided.23 * * *24 §3051. Assignment prohibited25 The right of a person to an annuity, a pension or any other benefit or refund,26 or any right accrued or accruing to any member or beneficiary under the provisions27 of this system, and the monies belonging to the system, shall be unassignable and28 shall not be subject to execution, garnishment, attachment, the operation of29 SB NO. 13 SLS 10RS-180 ORIGINAL Page 5 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. bankruptcy, or the insolvency law or any other process of law except as specifically1 provided by the provisions of this system and in R.S. 11:292, and except that the2 City shall have the right to set off funds for any claim arising from embezzlement by3 or fraud of a member.4 * * *5 §3111. Exemption from seizure and attachment6 No Except as provided in R.S. 11:292, no portion of the said Firemen's7 Pension and Relief Fund shall, before or after its order for distribution is issued by8 the said Board of Trustees to the person or persons entitled thereto under the9 provisions of this Part, be held, seized, or levied upon, by virtue of any attachment,10 garnishment, execution, or order or decree, or any other process whatsoever, issued11 out of or by any court, for the payment or satisfaction, in whole or in part, of any12 debt, damage, claim, judgment, or decree against any beneficiary of such Fund; but13 shall be exempt therefrom. That the said The Fund shall be kept, held, and14 distributed for no purposes other than those provided for in this Part.15 * * *16 §3140. Exemption from seizure and attachment17 No Except as provided in R.S. 11:292, no portion of the Firemen's Pension18 and Relief Fund shall, before or after its order for distribution is issued by the board19 of trustees to the person or persons entitled thereto under the provisions of this Part,20 be held, seized, taken, subjected to, detained or levied upon, by virtue of any21 attachment, garnishment, execution, injunction, writ, order, decree or any other22 process whatsoever, issued out of or by any court of this state, for the payment or23 satisfaction, in whole or in part, of any debt, damage, demand, claim, judgment or24 decree against any beneficiary of such Fund; but shall be exempt therefrom. The25 Fund shall be kept, held, and distributed solely for the purposes named in this Part26 and for no other purposes whatsoever.27 * * *28 §3198. Exemption from seizure and attachment29 SB NO. 13 SLS 10RS-180 ORIGINAL Page 6 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. That Except as provided in R.S. 11:292, no portion of the said Firemen's1 Pension and Relief Fund shall, before or after its order for distribution is issued by2 the said board of trustees to the person or persons entitled thereto under the3 provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,4 by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,5 or any other process whatsoever, issued out of or by any court of this state, for the6 payment or satisfaction, in whole or in part, for any debt, damage, demand, claim,7 judgment, or decree, against any beneficiary of such fund; but shall be exempt8 therefrom. That said The fund shall be sacredly kept, held, and distributed for the9 purposes named in this Part, and for no other purposes whatsoever.10 * * *11 §3229. Exemption from seizure and attachment12 No Except as provided in R.S. 11:292, no portion of the Firemen's Pension13 and Relief Fund shall, before or after its order for distribution is issued by the board14 of trustees to the person or persons entitled thereto under the provisions of this Part,15 be held, seized, taken, subjected to, detained, or levied upon, by virtue of any16 attachment, garnishment, execution, injunction, writ, order, decree, or any other17 process whatsoever, issued out of or by any court of this state, for the payment or18 satisfaction, in whole or in part, of any debts, damage, demand, claim, judgment or19 decree against any beneficiary of such fund, but shall be exempt therefrom. The20 fund shall be kept, held, and distributed solely for the purposes named in this Part21 and for no other purposes whatsoever.22 * * *23 §3321. Exemption from seizure and attachment24 A. No Except as provided in R.S. 11:292, no portion of the Firemen's25 Pension and Relief Fund shall, before or after any order for distribution is issued by26 the said board of directors to the person or persons entitled thereto under the27 provisions of this Part, be held, seized, or levied upon, by virtue of any attachment,28 garnishment, execution, or order or decree, or any other process whatsoever issued29 SB NO. 13 SLS 10RS-180 ORIGINAL Page 7 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. out of, or by any court, for the payment or satisfaction, in whole or in part, of any1 debt, damage, claim, judgment, or decree against any beneficiary of said fund; but2 shall be exempt therefrom. That the said The fund shall be kept, held, and3 distributed for no purpose other than those provided for in this Part.4 * * *5 §3345. Exemption from seizure6 No Except as provided in R.S. 11:292, no portion of the pension fund shall,7 before or after its order for distribution is issued by the board of trustees to the8 person or persons entitled thereto under the provisions of this Part, be held, seized,9 taken, subjected to, detained, or levied upon by virtue of any attachment,10 garnishment, execution, writ, order, injunction, decree, or any other process11 whatsoever, issued out of or by any court of the state of Louisiana, for the payment,12 or satisfaction, in whole or in part, of any debt, claim, damage, demand, judgment,13 or any other decree against any beneficiary of this fund, but shall be exempt14 therefrom.15 * * *16 §3389. Exemption of pension and other rights from levy and other process17 The right of a person to a pension, an annuity, a retirement allowance, or to18 the return of contributions; the pension, annuity, or retirement allowance itself; any19 optional benefit or any other right accrued or accruing to any person under the20 provisions of this Part; and the moneys in the various funds created by this Part are21 exempt from any state or municipal tax, and all state income tax, and exempt from22 levy and sale, garnishment, attachment, or any other process whatsoever, except as23 provided in R.S. 11:292, and shall be unassignable except as otherwise specifically24 provided in this Part. The fund shall be sacredly held, kept, and secured and25 distributed for the purpose of pensioning the persons named in this Part and for the26 payment of death benefits and for no other purpose whatsoever.27 * * *28 §3408. Exemption from seizure and attachment29 SB NO. 13 SLS 10RS-180 ORIGINAL Page 8 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. No Except as provided in R.S. 11:292, no portion of the fireman's pension1 and relief fund, before or after its order for distribution is issued by the board of2 trustees to the person or persons entitled thereto under the provisions of this Part,3 shall be held, seized, taken, subjected to, detained, or levied upon, by virtue of any4 attachment, garnishment, execution, injunction, writ, order, decree, or any other5 process whatsoever, issued out of or by any court of this state, for the payment or6 satisfaction, in whole or in part, of any debt, damage, demand, claim, judgment, or7 decree against any beneficiary of such fund, but shall be exempt therefrom. The8 fund shall be kept, held, and distributed solely for the purposes named in this Part9 and for no other purposes whatsoever.10 * * *11 §3440. Exemption from seizure and attachment12 No Except as provided in R.S. 11:292, no portion of the said Firemen's13 Pension and Relief Fund shall, before or after its order for distribution is issued by14 the said Board of Trustees to the person or persons entitled thereto under the15 provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,16 by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,17 or any other process whatsoever, issued out of or by any court of this state, for the18 payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,19 judgment, or decree, against any beneficiary of such fund;, but shall be exempt20 therefrom. The Fund shall be sacredly kept, held, and distributed for the purposes21 named in this Part, and for no other purposes whatsoever.22 * * *23 §3470. Exemption from seizure and attachment24 That Except as provided in R.S. 11:292, no portion of the said Firemen's25 Pension and Relief Fund shall, before or after its order for distribution is issued by26 the said board of trustees to the person or persons entitled thereto under the27 provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,28 by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,29 SB NO. 13 SLS 10RS-180 ORIGINAL Page 9 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. or any other process whatsoever, issued out of or by any court of this state, for the1 payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,2 judgment, or decree against any beneficiary of such fund;, but shall be exempt3 therefrom. That said The fund shall be sacredly kept, held, and distributed for the4 purposes named in this Part, and for no other purposes whatsoever.5 * * *6 §3513. Fund not subject to execution7 The Except as provided in R.S. 11:292, the fund, or any portion thereof,8 before or after an order for its distribution is issued, shall be exempt from assignment9 or pledge by a beneficiary of the fund or from seizure by virtue of any judicial10 process issued against the beneficiary.11 * * *12 §3608. Attachment of fund; exemption from state income tax13 A. No Except as provided in R.S. 11:292, no portion of the fund shall14 before or after the order for distribution is issued by the board of directors to the15 person or persons entitled thereto under the provisions of this Subpart, be held,16 seized, or levied upon, by virtue of any attachment, garnishment, execution, or order17 or decree, or any other process whatsoever, issued out of, or by, any court, for the18 payment or satisfaction, in whole or in part, of any debt, damage, claim, judgment,19 or decree against any beneficiary of such fund, but shall be exempt therefrom. The20 fund shall be kept, held, and distributed for no purpose other than those provided for21 in this Subpart. No present or future revision or amendments to the fund shall have22 the effect of reducing any benefit now in existence.23 * * *24 §3691. Exemption from execution25 The right of a person to a pension, an annuity, or a retirement allowance, to26 the return of contributions, the pension, annuity, or retirement allowance itself, any27 optional benefit or any other right accrued or accruing to any person under the28 provisions of this Subpart, and the moneys in the various funds created by this29 SB NO. 13 SLS 10RS-180 ORIGINAL Page 10 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Subpart, are hereby exempt from any state or municipal tax, and exempt from levy1 and sale, garnishment, attachment, or any other process whatsoever, except as2 provided in R.S. 11:292, and shall be unassignable except as in this Subpart3 specifically otherwise provided.4 * * *5 §3770. Exemption from seizure and attachment6 No Except as provided in R.S. 11:292, no portion of the said Bus Drivers'7 Pension and Relief Fund shall, before or after its order for distribution is issued by8 the said Board of Trustees to the person or persons entitled thereto under the9 provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon10 by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,11 of or any other process whatsoever, issued out of or by any Court court of this State12 state for the payment or satisfaction, in whole or in part, of any debt, damage,13 demand, claim, judgment, or decree, against any beneficiary of such fund, but shall14 be exempt therefrom. That said The Fund shall be sacredly kept, held, and15 distributed for the purposes named in this Part, and for no other purposes16 whatsoever.17 * * *18 §3800. Exemption from seizure and attachment19 That no Except as provided in R.S. 11:292, no portion of the said Electrical20 Workers' Pension and Relief Fund shall, before or after its order for distribution is21 issued by the said Board of Trustees to the person or persons entitled thereto under22 the provisions of this Part, be held, seized, taken, subjected to, detained, or levied23 upon by virtue of any attachment, garnishment, execution, injunction, writ, order,24 decree, or any other process whatsoever, issued out of, or by, any Court court of this25 State state for the payment or satisfaction, in whole or in part, of any debt, damage,26 demand, claim, judgment, or decree, against any beneficiary of such Fund, but shall27 be exempt therefrom. That said The Fund shall be sacredly kept, held, and28 distributed for the purposes named in this Part, and for no other purposes29 SB NO. 13 SLS 10RS-180 ORIGINAL Page 11 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. whatsoever.1 * * *2 §3823. Exemption from execution3 The right of a person to a pension, an annuity, or a retirement allowance or4 benefit;, or to the return of contributions,; the pension, annuity, or retirement5 allowance itself; to any optional benefit; or any other right accrued or accruing to any6 person under the provisions of this Part or to any person with such rights in the7 Employees' Retirement System of the city of New Orleans are is exempt from any8 state or municipal tax and, are except as provided in R.S. 11:292, exempt from levy9 and sale, garnishment, attachment, or any other process whatsoever.10 * * *11 Section 2. R.S. 13:3881(D)(1) is hereby amended and reenacted to read as follows:12 §3881. General exemptions from seizure13 * * *14 D.(1) Except as provided in Paragraph (2) of this Subsection and in R.S.15 11:292, the following shall be exempt from all liability for any debt except alimony16 and child support: all pensions, all tax-deferred arrangements, annuity contracts, and17 all proceeds of and payments under all tax-deferred arrangements and annuity18 contracts, as defined in Paragraph (3) of this Subsection.19 * * *20 Section 3. This Act shall become effective on July 1, 2010; if vetoed by the governor21 and subsequently approved by the legislature, this Act shall become effective on July 1,22 2010, or on the day following such approval by the legislature, whichever is later.23 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Lauren B. Bailey. DIGEST Present law (R.S. 13:3881(A) and R.S. 20:33) provides for a general exemption from seizure under any writ, mandate, or process whatsoever for certain income or property of a debtor. Specifies that, except as provided in present law, the following shall be exempt from all liability for any debt except alimony and child support: (1) All pensions. SB NO. 13 SLS 10RS-180 ORIGINAL Page 12 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (2) All tax-deferred arrangements. (3)Annuity contracts. (4) All proceeds of and payments under all tax-deferred arrangements and annuity contracts. Proposed law retains present law. Provides that the pension or retirement benefit of an elected official may be garnished or seized to pay any fine or restitution imposed as a penalty for conviction of a felony associated with his office. Present law (R.S. 11:291) provides for protection of a spouse's community property interest in the public retirement or pension benefit of a member or retiree of a state or statewide retirement system. The state public retirement systems are: (1)The Louisiana State Employees' Retirement System (LASERS); (2)The Teachers' Retirement System of Louisiana (Teachers'); (3)The Louisiana School Employees' Retirement System (LSERS); and (4)The State Police Pension and Retirement System (SPPRS). The statewide public retirement systems are: (1)The Assessors' Retirement Fund (LARF); (2)The Clerks of Court Retirement and Relief Fund (Clerks); (3)The District Attorneys' Retirement System (DARS); (4)The Firefighters' Retirement System (FRS); (5)The Municipal Employees' Retirement System of Louisiana (MERS); (6)The Municipal Police Employees' Retirement System (MPERS); (7)The Parochial Employees' Retirement System of Louisiana (PERS); (8)The Registrars of Voters Employees' Retirement System (ROVERS); and (9)The Sheriffs' Pension and Relief Fund (Sheriffs'). Proposed law retains present law. Present law (R.S. 11:292) provides that notwithstanding any other provision of present law to the contrary, any retirement allowance, benefit, or refund of accumulated contributions paid to any member, former member, or retiree under the provisions of any public retirement system, or the portion of a retirement allowance, benefit, or refund of accumulated contributions paid to a spouse or former spouse under the provisions of present law (R.S. 11:291) shall be subject to garnishment or court-ordered assignment to pay child support. Proposed law retains present law. Various provisions of present law specific to particular public retirement or pension systems, plans, or funds provide that any annuity, retirement allowance or benefit, or refund of SB NO. 13 SLS 10RS-180 ORIGINAL Page 13 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. contributions, or any optional benefit or any other benefit paid or payable to any person under the provisions of present law is exempt from any state or municipal tax and is exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and is unassignable. Proposed law retains present law. Some provisions of present law regarding such exemptions specify that garnishment or assignment pursuant to present law (R.S. 11:292) is an exception to the provisions exempting retirement or pension benefits from execution. Provide that benefits may be garnished or assigned pursuant to present law. Proposed law retains present law. These provisions apply to LASERS, Teachers', LSERS, SPPRS, LARF, Clerks, DARS, MERS, the Employees' Retirement System of the city of Baton Rouge and the parish of East Baton Rouge, the Employees' Retirement System of the city of Shreveport, ROVERS, Sheriffs', MPERS, FRS, the Firemen's Pension and Relief Fund for the City of Bossier City, and the Policemen's Pension and Relief Fund for the city of Bossier City. Other provisions of present law exempting retirement or pension benefits from garnishment or execution do not contain a specific reference to the exception for seizure for child support in present law (R.S. 11:292), although such exception applies to the benefits. These provisions apply to judges and court officers; members of the Teachers' Optional Retirement Plan; Orleans Parish school employees; LSU Retirement System members; employees of the city of Alexandria and of the city of Bogalusa; firefighters in the city of Alexandria, the consolidated fire districts of Bastrop, the city of Bossier City, the city of Houma, the city of Lake Charles, the city of Monroe, the city of New Orleans, Fire Protection District Number One for the parish of Ouachita, the city of Shreveport, and the city of West Monroe; police officers in any municipality having a population between 7,500 and 250,000 and in the city of Lafayette; and employees of the New Orleans Sewerage and Water Board. Proposed law retains present law and adds specific reference to the applicable exception for child support contained in present law. Proposed law provides that the pension or retirement benefit of an elected official or former elected official payable from any public retirement or pension system, plan, or fund may be subject to seizure or garnishment for payment of any restitution or fine imposed upon conviction of or a plea of guilty or nolo contendere to a felony associated with the elected official's service for which such retirement benefit was earned or accrued. Proposed law specifies that, notwithstanding any provision of law to the contrary, a garnishment authorized pursuant to proposed law may be continuing in nature as necessary to pay the court-ordered restitution or fine in full. Effective July 1, 2010. (Amends R.S. 11: 292, 570, 930, 951.3, 952.3, 1378, 1905, 3014, 3051, 3111, 3140, 3198, 3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513, 3608(A), 3691, 3770, 3800, and 3823 and R.S. 13:3881(D)(1))