Louisiana 2012 Regular Session

Louisiana Senate Bill SB72 Latest Draft

Bill / Chaptered Version

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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	ENROLLED
SENATE BILL NO. 72
BY SENATOR MILLS AND REPRESENTATIVE BARRAS 
AN ACT1
To enact R.S. 13:3049(B)(1)(e)(iii) and (iv) and R.S. 15:255(P) and (Q), relative to special2
funds for certain district courts; to provide for the deposit and use of certain monies3
in special funds in the Sixteenth Judicial District Court and the First Judicial District4
Court; to provide with respect to surplus juror compensation fees; to provide with5
respect to surplus witness fees payable to off-duty law enforcement officers; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 13:3049(B)(1)(e)(iii) and (iv) are hereby enacted to read as follows:9
§3049. Cash deposit; bond; duty to attend; compensation; procedure; filing fees10
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B.(1)12
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(e)14
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(iii)(aa) In the Sixteenth Judicial District, each parish governing16
authority may adopt an ordinance which provides that surplus monies in the17
juror compensation fund in their respective parish that exceeds fifty thousand18
dollars at the end of each calendar year may be used to defray the costs of19
providing courthouse security and all expenses associated with the trial of a20
capital case.21
(bb) As used in this Item, "special fund" means the special fund provided22
for in this Subparagraph, and "surplus monies" means the amount of money23
that is in each special fund at the end of each calendar year and that is in excess24
of the total amount paid from costs of court collected as provided in Item (i) of25
this Subparagraph in that calendar year. No money obligated to be paid to any26
juror shall be considered surplus money pursuant to this Item.27
ACT No.  722 SB NO. 72	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(cc) For the purposes of this Item, the balance of fifty thousand dollars1
required to be maintained in the juror compensation fund shall mean fifty2
thousand dollars in unexpended and unencumbered funds, and under no3
circumstances shall the balance in the fund be reduced below fifty thousand4
dollars as a result of an expenditure made under the provisions of this Item.5
(iv)(aa)  In the First Judicial District, the parish governing authority may6
adopt an ordinance which provides that surplus monies in the juror7
compensation fund in the parish that exceeds fifty thousand dollars at the end8
of each calendar year may be used to defray the costs of providing courthouse9
security and all expenses associated with the trial of a capital case.10
(bb) As used in this Item, "special fund" means the special fund provided11
for in this Subparagraph, and "surplus monies" means the amount of money12
that is in the special fund at the end of each calendar year and that is in excess13
of the total amount paid from costs of court collected as provided in Item (i) of14
this Subparagraph in that calendar year. No money obligated to be paid to any15
juror shall be considered surplus money pursuant to this Item.16
(cc) For the purposes of this Item, the balance of fifty thousand dollars17
required to be maintained in the juror compensation fund shall mean fifty18
thousand dollars in unexpended and unencumbered funds, and under no19
circumstances shall the balance in the fund be reduced below fifty thousand20
dollars as a result of an expenditure made under the provisions of this Item.21
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Section 2.  R.S. 15:255(P) and (Q) are hereby enacted to read as follows: 23
§255. Witness fees to off-duty law enforcement officers24
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P.(1) In the Sixteenth Judicial District, all surplus monies in the special26
fund in each of the parishes in that district that exceed fifty thousand dollars at27
the end of each calendar year shall be transmitted by the governing authorities28
of those parishes to the criminal court fund of the Sixteenth Judicial District29
Court. However, no single parish shall transfer more than one hundred fifty30 SB NO. 72	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
thousand dollars per year to the criminal court fund of the Sixteenth Judicial1
District Court. The surplus monies that are required to be transferred by this2
Subsection shall be transferred no later than January thirty-first of each year,3
and may be used for any purpose for which the other monies in the criminal4
court fund of the Sixteenth Judicial District Court may be used.5
(2) As used in this Subsection, "special fund" means the special fund6
provided for in Subsection D of this Section, and "surplus monies" means the7
amount of money that is in each special fund at the end of each calendar year8
and that is in excess of the total amount paid from each special fund as witness9
fees for off-duty law enforcement officers in that calendar year. No money10
obligated to be paid to any officer or agency for an off-duty law enforcement11
officer's court appearance shall be considered surplus money pursuant to this12
Subsection.13
(3) For the purposes of this Subsection, the balance of fifty thousand14
dollars required to be maintained in the witness fee fund shall mean fifty15
thousand dollars in unexpended and unencumbered funds, and under no16
circumstances shall the balance in the witness fee fund be reduced below fifty17
thousand dollars as a result of a transfer made under the provisions of this18
Subsection.19
Q.(1) In the First Judicial District, all surplus monies in the special fund20
that exceed fifty thousand dollars at the end of each calendar year shall be21
transmitted by the governing authority of Caddo Parish to the criminal court22
fund of the First Judicial District Court. However, no more than one hundred23
fifty thousand dollars per year shall be transferred to the criminal court fund24
of the First Judicial District Court. The surplus monies that are required to be25
transferred by this Subsection shall be transferred no later than January thirty-26
first of each year, and may be used for any purpose for which the other monies27
in the criminal court fund of the First Judicial District Court may be used.28
(2) As used in this Subsection, "special fund" means the special fund29
provided for in Subsection D of this Section, and "surplus monies" means the30 SB NO. 72	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
amount of money that is in each special fund at the end of each calendar year1
and that is in excess of the total amount paid from each special fund as witness2
fees for off-duty law enforcement officers in that calendar year. No money3
obligated to be paid to any officer or agency for an off-duty law enforcement4
officer's court appearance shall be considered surplus money pursuant to this5
Subsection.6
(3) For the purposes of this Subsection, the balance of fifty thousand7
dollars required to be maintained in the witness fee fund shall mean fifty8
thousand dollars in unexpended and unencumbered funds, and under no9
circumstances shall the balance in the witness fee fund be reduced below fifty10
thousand dollars as a result of a transfer made under the provisions of this11
Subsection.12
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: