Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB240 Engrossed / Bill

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Regular Session, 2013
SENATE BILL NO. 240
BY SENATOR MURRAY 
COURTS. Authorizes imposition of court cost in Orleans Parish Criminal District Court
under certain circumstances to defray operating expenses of clerk. (2/3 - CA7s2.1) (gov sig)
AN ACT1
To enact R.S. 13:1381.7, relative to courts and judicial procedure; to provide relative to the2
Orleans Parish Criminal District Court; to provide relative to the office of the clerk3
of court; to authorize the levy of certain court costs under certain circumstances for4
the defrayi ng of operating expenses of the clerk; to provide terms, conditions,5
procedures and requirements; to provide an effective date; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 13:1381.7 is hereby enacted to read as follows:9
ยง1381.7. Additional court cost to defray operating expenses of clerk of the10
Orleans Parish Criminal District Court11
A. Notwithstanding any provision of law to the contrary and pursuant12
to the provisions of this Section, a court cost not to exceed one hundred dollars13
may be imposed upon any defendant, other than an indigent, who pleads guilty14
or is convicted of an offense by the Criminal District Court for the Parish of15
Orleans.16
B. Such court cost may be imposed only under the following17 SB NO. 240
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circumstances:1
(1) The annual budget provided by the funding source for the office of2
the clerk of the Criminal District Court for the Parish of Orleans consists of an3
amount less than that amount proposed by such clerk for his 2010 Fiscal Year4
budget.5
(2) The monies derived from the imposition of such court cost are placed6
into a separate fund, hereby established and known as the Clerk of the Criminal7
District Court Operating Fund, dedicated to exclusive use by the clerk to defray8
the salaries and operating expenses of his office. No entity other than the clerk9
shall be authorized to use, transfer, or withdraw any amounts in such fund.10
(3) Any monies remaining in such fund at the end of the fiscal year shall11
revert back to the funding source.12
Section 2.  This Act shall become effective on upon signature by the governor or,13
if not signed by the governor, upon expiration of the time for bills to become law without14
signature by the governor, as provided by Article III, Section 18 of the Constitution of15
Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act16
shall become effective on the day following such approval.17
The original instrument was prepared by Jerry G. Jones. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jay Lueckel.
DIGEST
Murray (SB 240)
Proposed law provides that a court cost not to exceed $100 may be imposed upon any
defendant, other than an indigent, who pleads guilty or is convicted of an offense by the
Criminal District Court for the Parish of Orleans.
Proposed law further provides that such court cost may be imposed only under the following
circumstances:
(1)The annual budget provided by the funding source for the office of the clerk of the
Criminal District Court for the Parish of Orleans consists of an amount less than that
amount proposed by such clerk for his 2010 Fiscal Year budget.
(2)The monies derived from the imposition of such court cost are placed into a separate
fund, hereby established and known as the Clerk of the Criminal District Court
Operating Fund, dedicated to exclusive use by the clerk to defray the salaries and
operating expenses of his office. No entity other than the clerk shall be authorized
to use, transfer, or withdraw any amounts in such fund. SB NO. 240
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3)Any monies remaining in such fund at the end of the fiscal year shall revert back to
the funding source.
Effective upon governor's signature or lapse of time for gubernatorial action.
(Adds R.S. 13:1381.7)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original
bill.
1. Technical amendments.
2. Makes effective on governor's signature or lapse of time for gubernatorial
action.