Louisiana 2012 Regular Session

Louisiana Senate Bill SB68

Introduced
3/12/12  
Refer
3/12/12  
Report Pass
4/9/12  
Engrossed
4/11/12  
Refer
4/12/12  
Report Pass
5/9/12  
Enrolled
5/28/12  
Chaptered
6/5/12  

Caption

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) (EN INCREASE LF RV See Note)

Impact

The implementation of SB 68 would lead to a notable shift in how restitution is collected in Louisiana. By enabling district attorneys to impose collection fees, it aims to bolster the recovery process for victims of crime. The collected fees would support the operational costs of the district attorney's office, thereby enhancing their efficiency in handling restitution cases. This change is expected to potentially increase the overall funds available for victim support, while also clarifying the role of district attorneys in the recovery of unpaid restitution.

Summary

Senate Bill 68 focuses on amending the Code of Criminal Procedure in Louisiana, specifically addressing the provisions related to restitution recovery by district attorneys. This bill allows district attorneys to assess a collection fee of 20% on funds that are due but have not been paid to the state or crime victims. The bill's intent is to create a financial incentive for collection efforts, thereby supporting the fiscal operations of district attorney offices without affecting their existing funding structures. This amendment is geared towards ensuring that victims receive their due compensation in a timely manner while also enhancing the district attorney's capacity to enforce restitution orders.

Sentiment

The sentiment towards SB 68 appears to be largely positive among legislative circles, as the bill was passed unanimously in the House with a vote of 99 to 0. Supporters argue that the bill represents a proactive step in solidifying victim rights and emphasizes the importance of providing adequate resources for district attorneys to pursue these obligations. The general support likely stems from a shared understanding of the ethical implications surrounding victim compensation, as well as the fiscal prudence of allowing local authorities to retain funds for operational use.

Contention

While there has been broad support for SB 68, concerns may arise regarding the fairness of imposing collection fees, particularly for individuals who may have limited ability to pay. Critics of similar measures in legislative history have often pointed out that such fees can burden victims as much as they relieve the district attorney's workload. Nevertheless, the current bill does not seem to have significant opposition and has moved through the legislative process smoothly, indicating consensus on its objectives and expected outcomes.

Companion Bills

No companion bills found.

Previously Filed As

LA HB119

Provides relative to the assessment and collection of certain parole and probation fees (EN INCREASE SG RV See Note)

LA HB842

Provides relative to the assessment, collection, and distribution of certain court costs and fees in the parish of Orleans (EN NO IMPACT LF RV See Note)

LA HB163

Provides relative to victims of certain sex-related crimes (EN INCREASE SD RV See Note)

LA HB4307

Increase some benefits payable from Crime Victims Compensation Fund

LA SB266

Provides relative to the assessment and collection of certain parole, probation and supervision fees. (8/1/12) (EG INCREASE SG RV See Note)

LA HB325

Increases the special cost assessed in criminal cases in each judicial district court for the district indigent defender fund (EN SEE FISC NOTE LF RV See Note)

LA SB88

Provides relative to victims of human trafficking. (gov sig) (RR1 SEE FISC NOTE GF EX See Note)

LA HB136

Extends the collection of the special cost assessed in criminal cases for the district indigent defender fund (EN INCREASE LF RV See Note)

LA HB439

Creates the Victims of Vehicular Homicide Fund (EN INCREASE GF EX See Note)

LA SB124

Increases certain fees and court costs levied by the Criminal District Court for the Parish of Orleans. (2/3-CA7s2.1) (gov sig) (EN INCREASE LF RV See Note)

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