Louisiana 2014 Regular Session

Louisiana House Bill HB54 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 810
Regular Session, 2014
HOUSE BILL NO. 54
BY REPRESENTATIVES JAMES AND FOIL
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 a violaton of local ordinance, including a traffic felony,12
misdemeanor, or local traffic violation, shall be assessed an additional cost in any13
matter where the use of alcohol was a factor involved in the commission of a crime.14
Any court that designates by rule, divisions, or sections of the court as a specialized15
division or section having subject matter jurisdiction for alcohol related offenses16
including driving while intoxicated, shall assess the following costs:17
(1) One hundred dollars for a violation of R.S. 14:98 or 98.1, or of any18
municipal or parochial ordinance prohibiting the operation of a motor vehicle while19
under the influence of alcohol or drugs.20
(2) One hundred dollars for a violation of R.S. 14:99, or of any municipal or21
parochial ordinance prohibiting the reckless operation of a motor vehicle.22
(3) Fifty dollars for a violation of R.S. 14:92, 93.11, 93.12, or 333, or of any23
municipal or parochial ordinance prohibiting the purchase and public possession of24
alcoholic beverages by persons under the age of twenty-one years old.25 ENROLLEDHB NO. 54
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(4) Twenty-five dollars for a violation of R.S. 14:91.7, 103, or 107, or of any1
municipal or parochial ordinance prohibiting public drinking, public possession of2
alcohol, or appearing in an intoxicated condition in public.3
(5) Twenty-five dollars for a violation of R.S. 32:300, or of any municipal4
or parochial ordinance prohibiting the possession of open alcoholic beverage5
containers in vehicles.6
(6)  Twenty-five dollars for all other convictions of a felony, misdemeanor,7
or violations of any municipal or parochial ordinance, including a traffic felony,8
misdemeanor, or a local traffic violation where the use of alcohol was a factor9
involved in the commission of the crime.10
B. Any court that has an alcohol, driving while intoxicated, or sobriety11
division may use the fines provided for in Subsection A of this Section for the12
development or maintenance of alcohol treatment programs that are recognized or13
certified by the Louisiana Supreme Court Drug Court Office, the National Highway14
Traffic Safety Administration, or by the Louisiana Highway Safety Commission.15
C. The court shall establish a fund to deposit all fees collected pursuant to16
this Section. The collected fines shall be used solely for the purposes of funding the17
approved alcohol, driving while intoxicated, or sobriety division and any related18
treatment programs and associated administrative expenses.  In the event that an19
individual is unable to pay the cost when assessed, the court may allow payment to20
be deferred within a certain time frame, based on the person's ability to pay the costs.21
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: