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Regular Session, 2014
HOUSE BILL NO. 54
BY REPRESENTATIVES JAMES AND FOIL
CRIMINAL/PROCEDURE: Authorizes the designation of specialized divisions or sections
in city or municipal courts
AN ACT1
To enact R.S. 13:1894.2, relative to city or municipal courts; to require the assessment of2
additional costs for specific alcohol related violations; to require any city or3
municipal court with certain specialized divisions or sections to impose certain costs;4
to require the creation of a special fund for deposit of all fees collected; to provide5
for the disposition and use of collected fees; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:1894.2 is hereby enacted to read as follows: 8
ยง1894.2. Additional costs; certain violations9
A. Notwithstanding any other provision of law to the contrary, and in10
addition to any fines, forfeitures, costs, or penalties, a person convicted of a felony,11
a misdemeanor, or local ordinance, including a traffic felony, misdemeanor, or local12
traffic violation, shall be assessed an additional cost in any matter where the use of13
alcohol was a factor involved in the commission of a crime. Any court that14
designates by rule, divisions, or sections of the court as a specialized division or15
section having subject matter jurisdiction for a drug court, alcohol court, driving16
while intoxicated court, sobriety court, or other specialized subject matter17
jurisdiction shall assess the following costs:18 HLS 14RS-569 ENGROSSED
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(1) One hundred dollars for a violation of R.S. 14:98 or 98.1, or of any1
municipal or parochial ordinance prohibiting the operation of a motor vehicle while2
under the influence of alcohol or drugs.3
(2) One hundred dollars for a violation of R.S. 14:99, or any municipal or4
parochial ordinance prohibiting the reckless operation of a motor vehicle.5
(3) Fifty dollars for a violation of R.S. 14:92, 93.11, 93.12, or 333, or of any6
municipal or parochial ordinance prohibiting the purchase and public possession of7
alcoholic beverages by persons under the age of twenty-one years old.8
(4) Twenty-five dollars for a violation of R.S. 14:91.7, 103, or 107, or of any9
municipal or parochial ordinance prohibiting public drinking, public possession of10
alcohol, or appearing in an intoxicated condition in public.11
(5) Twenty-five dollars for a violation of R.S. 32:300, or of any municipal12
or parochial ordinance prohibiting the possession of open alcoholic beverage13
containers in vehicles.14
(6) Twenty-five dollars for all other convictions of a felony, misdemeanor,15
or any municipal or parochial ordinance, including a traffic felony, misdemeanor, or16
a local traffic violation where the use of alcohol was a factor involved in the17
commission of the crime.18
B. Any court that has a drug, alcohol, driving while intoxicated, or sobriety19
division may use the fines provided for in Subsection A of this Section for the20
development or maintenance of drug or alcohol treatment programs that are21
recognized or certified by the Louisiana Supreme Court Drug Court Office, the22
National Highway Traffic Safety Administration, or by the Louisiana Highway23
Safety Commission.24
C. The court shall establish a fund to deposit all fees collected pursuant to25
this Section. The collected fines shall be used solely for the purposes of funding the26
drug, alcohol, driving while intoxicated, or sobriety division and any related27
treatment programs and associated administrative expenses. In the event that an28 HLS 14RS-569 ENGROSSED
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individual is unable to pay the cost when assessed, the court may allow payment to1
be deferred within a certain time frame, based on the person's ability to pay the costs.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
James HB No. 54
Abstract: Authorizes judges of city or municipal courts with specialized subject matter
jurisdiction to assess certain fees for certain alcohol related violations.
Proposed law requires that in addition to any fines, forfeitures, costs, or penalties, a person
convicted of a felony, misdemeanor, or local ordinance, including a traffic felony,
misdemeanor, or violation, shall be assessed an additional court cost in any matter where the
use of alcohol was a factor involved in the commission of a crime.
Proposed law provides that any court that designates by rule, divisions, or sections of the
court as a specialized division or section having subject matter jurisdiction for a drug court,
alcohol court, driving while intoxicated court, sobriety court, or other specialized subject
matter jurisdiction shall assess the following costs:
(1)$100 for violation of present law or of any municipal or parochial ordinance
prohibiting the operation of a motor vehicle while under the influence of alcohol or
drugs or underage driving under the influence.
(2)$100 for a violation of present law or of any municipal or parochial ordinance
prohibiting the reckless operation of a motor vehicle.
(3)$50 for a violation of present law or of any municipal or parochial ordinance
prohibiting the contributing to delinquency of juveniles, improper supervision of a
minor by parent or custodian, or purchase and public possession of alcoholic
beverages by persons under the age of 21 years old.
(4)$25 for a violation of present law or of any municipal or parochial ordinance
prohibiting the unauthorized possession or consumption of alcoholic beverages on
public school property, public drinking, public possession of alcohol or appearing
in an intoxicated condition in public, disturbing the peace, or vagrancy.
(5)$25 for a violation of present law or of any municipal or parochial ordinance
prohibiting the possession of open alcoholic beverage containers in vehicles.
(6)$25 for all other convictions of a felony, misdemeanor, or any municipal or parochial
ordinance, including a traffic felony, misdemeanor or a local traffic violation where
the use of alcohol was a factor involved in the commission of the crime.
Proposed law authorizes any court that has a drug, alcohol, driving while intoxicated, or
sobriety division to use the fines provided for in proposed law for the development or
maintenance of drug or alcohol treatment programs that are recognized or certified by the
La. Supreme Court Drug Court Office, the National Highway Traffic Safety Administration,
or the La. Highway Safety Commission.
Proposed law requires any court that collects fees pursuant to proposed law to deposit the
monies into a special fund to be used solely for the funding of a drug, alcohol, driving while HLS 14RS-569 ENGROSSED
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intoxicated, or sobriety division and any related treatment programs and associated
administrative expenses. In the event that an individual is unable to pay the cost when
assessed, the court may allow payment to be deferred within a certain time frame, based on
the person's ability to pay the costs.
(Adds R.S. 13:1894.2)