Louisiana 2012 Regular Session

Louisiana Senate Bill SB68 Latest Draft

Bill / Chaptered Version

                            Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012	ENROLLED
SENATE BILL NO. 68
BY SENATOR KOSTELKA 
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
lawful purposes for the operation of the office of the district attorney. Funds18
provided to the district attorney by this provision shall not reduce the amount19
payable to the district attorney under any other provision of law or reduce or affect20
the amounts of funding allocated by law to the budget of the district attorney. The21
funds shall be audited as other state funds are audited. This provision shall not affect22
the right of the office of the district attorney to proceed with the prosecution of any23
violation as currently provided by law.24
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ACT No. 531 SB NO. 68	ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: