HLS 12RS-1370 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 718
BY REPRESENTATIVE WESLEY BISHOP
INDIGENT DEFENSE: Increases penalties for safety belt violations in Orleans Parish with
proceeds funding indigent defense
AN ACT1
To amend and reenact R.S. 32:295.1(G)(2) and to enact R.S. 15:571.11(A)(1)(d) and R.S.2
32:295.1(G)(3), relative to the disposition of fines collected for safety belt violations;3
to provide for an additional penalty for safety belt violations in Orleans Parish; to4
provide for the use of funds received from that assessment; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:571.11(A)(1)(d) is hereby enacted to read as follows:8
§571.11. Dispositions of fines and forfeitures9
A.(1)10
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(d) Notwithstanding any other provision of law to the contrary, the additional12
penalty collected for safety belt violations occurring in Orleans Parish shall be13
deposited into the Orleans Parish Criminal District Court indigent defender fund in14
accordance with R.S. 32:295.1(G)(2).15
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Section 2. R.S. 32:295.1(G)(2) is hereby amended and reenacted and R.S.17
32:295.1(G)(3) is hereby enacted to read as follows: 18
§295.1. Safety belt use; tags indicating exemption19
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HB NO. 718
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
G.1
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(2) Any person who violates the provisions of this Section in Orleans Parish3
shall have an additional twenty dollar penalty assessed for each violation. The funds4
collected pursuant to the provisions of this Paragraph shall be deposited in the5
Orleans Parish Criminal District Court indigent defender fund pursuant to the6
provisions of R.S. 15:571.11(A)(1)(d).7
(2)(3) Notwithstanding any contrary provision of law, no other cost or fee8
shall be assessed against any person for a violation of this Section.9
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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)]
Wesley Bishop HB No. 718
Abstract: Provides for an additional fine in Orleans Parish for safety belt violations to fund
indigent defender services.
Present law provides that each driver of a passenger car, van, or truck having a gross weight
of 10,000 pounds or less, commonly referred to as a pickup truck, shall have a safety belt
properly fastened about his or her body at all times when the vehicle is in forward motion.
Present law further provides that any person who violates these provisions shall be subject
to the following penalties:
(1)Upon conviction of a first offense, the fine shall be $25 which shall include all costs
of court.
(2)Upon conviction of a second offense, the fine shall be $50 which shall include all
costs of court.
(3)Upon conviction of a third offense and any subsequent offense, the fine shall be $50
plus all costs of court.
Proposed law retains present law and provides for an additional $20 penalty for violations
in Orleans Parish, which funds shall be used for the Orleans Parish Criminal District Court
indigent defender fund.
Present law further provides that funds collected from traffic violations shall be paid into the
treasury of the parish in which the court is situated and deposited in a special "Criminal
Court Fund" account, which, on motion by the district attorney and approval order of the
district judge, may be used or paid out in defraying the expenses of the criminal courts of
the parish. HLS 12RS-1370 ENGROSSED
HB NO. 718
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that from the fines collected, the sheriffs throughout the state, the
parish of Orleans excepted, shall retain 12% of the amount of fines collected to go into the
sheriff's general fund in each parish and an additional 12% of the amount of fines collected
shall be transmitted to the district attorney of the judicial district or be used by the district
attorney in defraying such expenses of his office as in his discretion may be necessary.
Present law further provides that the remainder of the fines collected for violations of
parking restrictions and for false certification of mobility impairment by a physician as shall
be forwarded to the Disability Affairs Trust Fund.
Proposed law retains present law and further provides that the additional $20 penalty
collected on safety belt violations in Orleans Parish shall be deposited into the Orleans
Parish Criminal District Court into the indigent defender fund.
(Amends R.S. 32:295.1(G)(2); Adds R.S. 15:571.11(A)(1)(d) and R.S. 32:295.1(G)(3))