HLS 12RS-1366 ORIGINAL
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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. 724
BY REPRESENTATIVE HUNTER
INDIGENT DEFENSE: Provides relative to public defenders fees when a private attorney
is subsequently enrolled
AN ACT1
To amend and reenact R.S. 15:176(C)(1), relative to partial reimbursement for indigent2
defender services; to provide for reimbursement to an indigent defender district for3
services provided in certain cases; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:176(C)(1) is hereby amended and reenacted to read as follows:6
ยง176. Partial reimbursement by indigents7
* * *8
C.(1) When an accused is initially determined to be indigent and appointed9
counsel but subsequently hires private counsel, the court shall conduct a10
contradictory hearing to determine the expenses of representing the accused incurred11
by the district office or the service region, where applicable. Upon determining the12
expenses incurred, the accused shall, within the discretion of the court, be liable to13
reimburse the district office or service region, where applicable, those expenses,14
upon a determination that the accused was in fact not initially indigent. The court15
shall not allow the private attorney to enroll as the attorney of record until those16
expenses are reimbursed. A judgment for the amount owed may be recorded in the17
mortgage records in favor of the board for the payment of money against the accused18
and may be enforced as provided by law.19
* * *20 HLS 12RS-1366 ORIGINAL
HB NO. 724
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Hunter HB No. 724
Abstract: Provides that a private attorney cannot be enrolled as the attorney of record for
a defendant receiving indigent defender services until the indigent defender district
is reimbursed for those services.
Present law provides that when an accused is initially determined to be indigent and is
appointed counsel but subsequently hires private counsel, the court shall conduct a
contradictory hearing to determine the expenses of representing the accused incurred by the
district office or the service region, where applicable.
Present law provides that upon determining the expenses incurred, the accused shall, within
the discretion of the court, be liable to reimburse the district office or service region, where
applicable, those expenses, upon a determination that the accused was in fact not initially
indigent. A judgment for the amount owed may be recorded in the mortgage records in
favor of the board for the payment of money against the accused and may be enforced as
provided by law.
Proposed law retains these provisions of present law and provides that the private attorney
may not be enrolled as the attorney of record until present law expenses are reimbursed.
(Amends R.S. 15:176(C)(1))