SLS 12RS-284 ORIGINAL
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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, 2012
SENATE BILL NO. 68
BY SENATOR KOSTELKA
DISTRICT ATTORNEYS. Allows a district attorney to assess a collection fee of 20% of
funds due when the amount payable to the state or to a crime victim has not been satisfied.
(gov sig)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 895.5(D), relative to restitution2
recovery divisions established by district attorneys; to authorize a district attorney3
to assess a collection fee on funds due when the amount payable to the state or to a4
crime victim has not been satisfied; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 895.5(D) is hereby amended and7
reenacted to read as follows: 8
Art. 895.5. Restitution recovery division; district attorneys; establishment9
* * *10
D. Collection fee. As provided for in Paragraph A of this Article, when11
an amount payable to the state or to a crime victim has not been satisfied in12
accordance with Article 888, or when When a matter has been transferred to the13
district attorney as provided in Paragraph B of this Article, the district attorney may14
assess a collection fee of twenty percent of the funds due, which shall be added to15
the amount of funds due. Any fees collected pursuant to this Paragraph shall be16
distributed to the district attorney's restitution recovery division to be expended for17 SB NO. 68
SLS 12RS-284 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
lawful purposes for the operation of the office of the district attorney. Funds1
provided to the district attorney by this provision shall not reduce the amount2
payable to the district attorney under any other provision of law or reduce or affect3
the amounts of funding allocated by law to the budget of the district attorney. The4
funds shall be audited as other state funds are audited. This provision shall not affect5
the right of the office of the district attorney to proceed with the prosecution of any6
violation as currently provided by law.7
* * *8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law authorizes a district attorney to establish a "restitution recovery division" for the
administration, collection, and enforcement of victim restitution, compensation assessments,
probation fees, and other such payments ordered by the court in civil or criminal
proceedings.
Present law further provides that a district attorney may assess a collection fee of 20% of
such funds, and that the funds are to be distributed to the restitution recovery division fund.
Proposed law retains present law, and adds that a district attorney may also assess a 20%
collection fee on any other amount payable to the state or to a crime victim that has not been
satisfied in accordance with present law that requires that costs and fines imposed by a court
are payable immediately.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 895.5(D))