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words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 65
BY SENATOR MORRISH
COURTS. Creates an Indigent Transcript Fund for the 38
th
Judicial District Court. (8/1/12)
AN ACT1
To enact R.S. 13:985.2, relative to the Thirty-Eighth Judicial District; to provide for the2
assessment of court costs to fund court reporter fees prepared for indigents; to3
authorize additional costs in criminal cases; to authorize an additional filing fee in4
civil cases; to create an indigent transcript fund for the payment of court reporter5
fees; to provide terms and conditions for such funds; to authorize the clerk of court6
to retain certain fees; to provide for rates of payment to court reporters; to provide7
for an annual audit; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 13:985.2 is hereby enacted to read as follows: 10
ยง985.2. Thirty-Eighth Judicial District; indigent transcript fund11
A.(1) The clerk of court for the Thirty-Eighth Judicial District Court12
shall establish an indigent transcript fund for the deposit of all monies that may13
be received under the provisions of this Section relative to the payment of court14
reporter fees for transcripts prepared for indigents, except as provided in this15
Subsection.16
(2) All funds received and deposited shall be used and paid out as17 SB NO. 65
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
follows:1
(a) To compensate court reporters for the preparation of all transcripts2
arising from juvenile proceedings when the juvenile's parent or legal guardian3
or the adult over whom the court is exercising juvenile jurisdiction is found to4
be indigent in accordance with applicable provisions of the Louisiana Children's5
Code, including Articles 320 and 321.6
(b) To compensate court reporters for the preparation of all transcripts7
of testimony in civil proceedings filed or ruled as pauper actions in accordance8
with the applicable provisions of Code of Civil Procedure Articles 5181 et seq.9
(c) To compensate criminal court reporters for the preparation of all10
transcripts for indigent defendants, including trials, motions, felony guilty pleas,11
hearings on writs, and all court proceedings.12
(3) If funds are available at the end of the fiscal year, the clerk of court13
may retain up to two thousand dollars from the fund as compensation for14
administration of the fund.15
B. Court reporters shall be paid from the fund for transcription in all16
cases where the party is indigent or a pauper. The court reporters shall be paid17
up to three dollars and fifty cents per thirty-two line page and paid twenty-five18
cents per page for each copy, as funds become available, all such payments to19
be made from the fund by the clerk of court. The amount paid for each thirty-20
two line page shall be determined by the judge.21
C. In all criminal cases over which the court has original, appellate,22
supervisory, or concurrent jurisdiction, not to include traffic violations, there23
shall be taxed as costs against every defendant who is convicted after trial or24
after a plea of guilty or nolo contendere or who forfeits his bond a sum not to25
exceed ten dollars, which shall be transmitted to the clerk of court for further26
disposition in accordance with this Section.27
D. In all civil cases, except actions filed in forma pauperis pursuant to28
the provisions of Code of Civil Procedure Articles 5181 et seq., there shall be29 SB NO. 65
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words in boldface type and underscored are additions.
collected an additional filing fee not to exceed twenty dollars, which shall be1
transmitted to the clerk of court for further disposition in accordance with this2
Section.3
E. The clerk of court shall cause to be conducted annually an audit of4
the fund and the books and accounts relating thereto in accordance with the5
provisions of R.S. 24:513.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Morrish (SB 65)
Proposed law requires the clerk of court of the 38
th
Judicial District Court to establish an
indigent transcript fund for the deposit of certain monies.
Proposed law provides that the monies shall be used for the payment of court reporter fees
for transcripts prepared in certain juvenile proceedings, civil actions, and criminal
proceedings.
Proposed law provides that if funds are available at the end of the fiscal year, the clerk of
court may retain up to $2,000 from the fund as compensation for administration of the fund.
Proposed law requires court reporters be paid from the fund for transcription in all cases
where the party is indigent or a pauper and establishes that the rate for payment may not
exceed $3.50 per thirty-two line page. The court reporter shall be paid 25 cents per page for
each copy.
Proposed law provides that in criminal cases over which the court has original, appellate,
supervisory, or concurrent jurisdiction, not to include traffic violations, there shall be taxed
as costs against every defendant who is convicted after trial or after a plea of guilty or nolo
contendere or who forfeits his bond a sum not to exceed $10.00. This cost shall be
transmitted to the clerk of court for disposition in accordance with law.
Proposed law provides that in civil cases, except actions filed in forma pauperis, an
additional filing fee not to exceed $20.00 shall be collected. Such fee shall be transmitted
to the clerk of court for further disposition in accordance with law.
Proposed law requires the clerk of court to have a annual audit conducted of the fund in
accordance with law.
Effective August 1, 2012.
(Adds R.S. 13:985.2)