Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB605 Chaptered / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010	ENROLLED
SENATE BILL NO. 605
BY SENATOR MARTINY AND REPRESENTATIVES BILLIOT, GISCLAIR,
LABRUZZO, LIGI, LOPINTO AND TEMPLET 
AN ACT1
To amend and reenact R.S. 13:967(C)(1), (J) and (L), to enact R.S. 13:967(M), and to repeal2
Act No. 77 of the 2009 Regular Session of the Legislature, relative to the Twenty-3
Fourth Judicial District; to provide for the establishment of an indigent transcript4
fund; to provide for court reporter fees; to provide for an effective date; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:967(C)(1), (J) and (L) are hereby amended and reenacted and R.S.8
13:967(M) is hereby enacted to read as follows: 9
ยง967. Twenty-Fourth Judicial District; court reporters; civil filing fees10
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C.(1) In all cases on appeal, the reporter shall be paid a fee not to exceed two12
dollars and fifty cents for each original page transcribed and, when a copy is13
requested by a litigant, shall furnish such copy and be paid a fee not to exceed one14
dollar for each page thereof, except that in criminal cases on appeal by indigent15
defendants, no more than a total of two dollars and seventy-five cents for each page16
transcribed, including all copies necessary for appeal, shall be charged to and paid17
from any fund established by law for the payment of expenses incurred in the18
defense of indigent persons in criminal proceedings. Nothing in this Section shall19
be construed to make the governing authority of the parish of Jefferson20
responsible for the expenses or costs associated with the preparation of21
transcripts for an indigent defendant in a criminal proceeding, including but22
not limited to bills of exceptions, trials, motions, hearings on writs, or any other23
costs associated with an appeal in a criminal proceeding.24
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J. In all civil cases when a party is proceeding in forma pauperis cases the26
ACT No. 178 SB NO. 605	ENROLLED
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governing authority of the parish of Jefferson shall pay to the court reporters of the1
Twenty-Fourth Judicial District for the transcribing of testimony, when an appeal is2
taken or upon order of the judge, such amounts as would otherwise be required to be3
paid by the party who is proceeding in forma pauperis. Such payment shall be made4
at the time the transcription is filed, but only upon the written approval and order of5
the judge. Such payments shall not exceed the sum of fifteen hundred dollars for any6
one year to each of the said court reporters. The governing authority of the parish of7
Jefferson shall be legally subrogated to the rights of the court reporters of the8
Twenty-Fourth Judicial District as to all sums so paid for the transcription of9
testimony in pauper cases. All judgments in cases in which the pauper shall be cast10
for costs, together with a statement of such costs, shall be recorded by the clerk of11
court in the mortgage records of the parish of Jefferson for the amount of costs paid.12
The governing authority of the parish of Jefferson, at its expense, may have such13
judgments and statements of costs, or certified copies thereof, recorded in the14
mortgage records of any other parish or parishes and, when so recorded, they shall15
operate as judicial mortgages in favor of the governing authority of the parish of16
Jefferson for the amount of costs paid.17
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L. Each court reporter appointed under the provisions of R.S. 13:967 this19
Section shall be required to take an oath of office, and to furnish bond for the faithful20
performance of the duties of the office. The bond shall be in the sum of two thousand21
dollars, and shall be approved by the judge making the appointment under R.S.22
13:967A(2) Paragraph (A)(1) of this Section, and by the senior judge of the court23
for those appointments made under the provisions of R.S. 13:967A(2) Paragraph24
(A)(2) of this Section. Each bond shall be in favor of the judges of the twenty-fourth25
judicial district court Twenty-Fourth Judicial District Court, and any party26
litigant, for the purpose of protecting litigants against any acts of incompetence or27
neglect of duties on the part of the reporters. It shall be recorded and filed in the28
office of the clerk of court for the parish of Jefferson. Any party litigant shall have29
a right to sue on said bond for any damages sustained by said party litigant by any30 SB NO. 605	ENROLLED
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wrongful act or neglect of duty committed or omitted by the official court reporter1
in the performance of the duties of official court reporters.2
M.(1) The courts of the Twenty-Fourth Judicial District shall establish3
an indigent transcript fund to provide for the payment of court reporter fees for4
transcripts as provided in this Subsection.5
(2) In every court of original, appellate, supervisory, or concurrent6
criminal jurisdiction in Jefferson Parish, including but not limited to the7
Twenty-Fourth Judicial District Court, First Parish Court, and Second Parish8
Court, there shall be assessed in all criminal cases, including traffic violations,9
except parking, an additional cost set by a committee comprised of one10
representative from each of the Twenty-Fourth Judicial District Court, First11
Parish Court of Jefferson Parish, Second Parish Court of Jefferson Parish, the12
Public Defender's Office of Jefferson Parish, and Jefferson Parish13
Administration, not to exceed an amount of two dollars, against every defendant14
who is convicted after trial or after a plea of guilty or nolo contendere. This15
additional cost shall be transmitted to the court and deposited in a special16
account in the parish treasury to be managed and administered by the parish17
treasurer for and on behalf of the courts for the payment of court reporter fees18
for transcripts in indigent defense cases.19
(3) All monies received and deposited under the provisions of this20
Subsection shall be used to pay court reporter fees for transcripts to compensate21
court reporters for the preparation of transcripts for indigent defendants22
arising from criminal proceedings in the Twenty-Fourth Judicial District, First23
Parish Court and Second Parish Court, including but not limited to bills of24
exceptions, trials, motions, hearings on writs, and all other criminal25
proceedings.26
(4) Nothing in this Subsection shall preclude a court from ordering the27
costs for the preparation of transcripts for indigent defendants in criminal28
proceedings be paid from any other fund established by general or specific law29
for the payment of expenses incurred in the defense of indigent persons in30 SB NO. 605	ENROLLED
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criminal proceedings.1
Section 2. Act No. 77 of the 2009 Regular Session of the Legislature is hereby2
repealed.3
Section 3.  Section 1 of this Act shall become effective on June 18, 2010.4
Section 4. Sections 2, 3, and 4 of this Act shall become effective upon signature by5
the governor or, if not signed by the governor, upon expiration of the time for bills to6
become law without signature by the governor, as provided by Article III, Section 18 of the7
Constitution of Louisiana. If vetoed by the governor and subsequently approved by the8
legislature, this Act shall become effective on the day following such approval.9
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: