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 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)