Louisiana 2014 Regular Session

Louisiana House Bill HB915 Latest Draft

Bill / Engrossed Version

                            HLS 14RS-1470	REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 915
BY REPRESENTATIVE ALFRED WILLIAMS
COURTS/COURT COSTS: Requires the levy of a warrant recall fee to fund a misdemeanor
jail in East Baton Rouge Parish
AN ACT1
To enact R.S. 13:1000.10, 1415, 2071.1, 2488.40, and Part X of Chapter 7 of Title 13 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 13:2489.1, relative to3
collection of fees in all East Baton Rouge Parish courts; to require all courts in East4
Baton Rouge Parish to levy a warrant recall fee to fund a misdemeanor detention5
facility; to provide for the collection of the fee and expenditure of funds collected;6
to provide reporting requirements; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 13:1000.10, 1415, 2071.1, 2488.40, and Part X of Chapter 7 of Title9
13 of the Louisiana Revised Statutes of 1950, comprised of  R.S. 13:2489.1, are hereby10
enacted to read as follows: 11
§1000.10. Nineteenth Judicial District Court; additional warrant recall fees;12
Misdemeanor Detention Fund13
A. The Nineteenth Judicial District Court shall levy and impose a warrant14
recall fee of fifty dollars on all persons who fail to appear as ordered on all15
misdemeanor offenses and traffic offenses where a warrant for arrest is issued, the16
proceeds of which shall be used to pay the expenses of operating a misdemeanor17
detention facility in the parish.18
B. The clerk of court shall place all sums collected or received pursuant to19
this Section with the finance director for the parish of East Baton Rouge, who shall20 HLS 14RS-1470	REENGROSSED
HB NO. 915
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
place the funds in a separate account to be designated as the Misdemeanor Detention1
Fund. All monies in this account shall be used solely for the purpose of paying2
expenses associated with the operation of a misdemeanor detention facility in the3
parish. The finance director shall cause to be conducted annually an audit of the4
fund and the books and accounts relating thereto, and shall file the same with the5
office of the legislative auditor, where it shall be available for public inspection.6
C. All law enforcement agencies within the parish shall confer for the7
purpose of creating and implementing additional pilot programs for the periodic8
targeted enforcement of outstanding warrants until sufficient revenues are generated9
to sustain the permanent operation of the misdemeanor detention facility.10
D. The mayor-president for the parish of East Baton Rouge shall be11
authorized to expend funds and enter into cooperative endeavor agreements with all12
courts, the sheriff of East Baton Rouge Parish, and all other law enforcement13
agencies within the parish in order to carry out the provisions of this Section, subject14
to the approval of the Metropolitan Council of East Baton Rouge Parish.15
E. The mayor-president through the finance department shall report quarterly16
to the Metropolitan Council and the courts within the parish on the matters set forth17
in this Section, including recommendations regarding necessary adjustments and the18
financial feasibility of the misdemeanor warrant enforcement programs.19
*          *          *20
§1415. East Baton Rouge Parish Family Court; additional warrant recall fees;21
Misdemeanor Detention Fund22
A. The East Baton Rouge Parish Family Court shall levy and impose a23
warrant recall fee of fifty dollars on all persons who fail to appear as ordered on all24
misdemeanor offenses and traffic offenses where a warrant for arrest is issued, the25
proceeds of which shall be used to pay the expenses of operating a misdemeanor26
detention facility in the parish.27
B. The clerk of court shall place all sums collected or received pursuant to28
this Section with the finance director for the parish of East Baton Rouge, who shall29 HLS 14RS-1470	REENGROSSED
HB NO. 915
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
place the funds in a separate account to be designated as the Misdemeanor Detention1
Fund. All monies in this account shall be used solely for the purpose of paying2
expenses associated with the operation of a misdemeanor detention facility in the3
parish. The finance director shall cause to be conducted annually an audit of the4
fund and the books and accounts relating to the fund, and shall file the same with the5
office of the legislative auditor, where it shall be available for public inspection.6
C. All law enforcement agencies within the parish shall confer for the7
purpose of creating and implementing additional pilot programs for the periodic8
targeted enforcement of outstanding warrants until sufficient revenues are generated9
to sustain the permanent operation of the misdemeanor detention facility.10
D. The mayor-president for the parish of East Baton Rouge shall be11
authorized to expend funds and enter into cooperative endeavor agreements with all12
courts, the sheriff of East Baton Rouge Parish, and all other law enforcement13
agencies within the parish in order to carry out the provisions of this Section, subject14
to the approval of the Metropolitan Council of East Baton Rouge Parish.15
E. The mayor-president through the finance department shall report quarterly16
to the Metropolitan Council and the courts within the parish on the matters set forth17
in this Section, including recommendations regarding necessary adjustments and the18
financial feasibility of the misdemeanor warrant enforcement programs.19
*          *          *20
§2071.1. Baton Rouge City Court; additional warrant recall fees; Misdemeanor21
Detention Fund22
A. The Baton Rouge City Court shall levy and impose a warrant recall fee23
of fifty dollars on all persons who fail to appear as ordered on all misdemeanor24
offenses and traffic offenses where a warrant for arrest is issued, the proceeds of25
which shall be used to pay the expenses of operating a misdemeanor detention26
facility in the parish.27
B. The clerk of court shall place all sums collected or received pursuant to28
this Section with the finance director for the parish of East Baton Rouge, who shall29 HLS 14RS-1470	REENGROSSED
HB NO. 915
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
place the funds in a separate account to be designated as the Misdemeanor Detention1
Fund. All monies in this account shall be used solely for the purpose of paying2
expenses associated with the operation of a misdemeanor detention facility in the3
parish. The finance director shall cause to be conducted annually an audit of the4
fund and the books and accounts relating thereto, and shall file the same with the5
office of the legislative auditor, where it shall be available for public inspection.6
C. All law enforcement agencies within the parish shall confer for the7
purpose of creating and implementing additional pilot programs for the periodic8
targeted enforcement of outstanding warrants until sufficient revenues are generated9
to sustain the permanent operation of the misdemeanor detention facility.10
D. The mayor-president for the parish of East Baton Rouge shall be11
authorized to expend funds and enter into cooperative endeavor agreements with all12
courts, the sheriff of East Baton Rouge Parish, and all other law enforcement13
agencies within the parish in order to carry out the provisions of this Section, subject14
to the approval of the Metropolitan Council of East Baton Rouge Parish.15
E. The mayor-president through the finance department shall report quarterly16
to the Metropolitan Council and the courts within the parish on the matters set forth17
in this Section, including recommendations regarding necessary adjustments and the18
financial feasibility of the misdemeanor warrant enforcement programs.19
*          *          *20
§2488.40. Baker City Court; additional warrant recall fees; Misdemeanor Detention21
Fund22
A.  The Baker City Court shall levy and impose a warrant recall fee of fifty23
dollars on all persons who fail to appear as ordered on all misdemeanor offenses and24
traffic offenses where a warrant for arrest is issued, the proceeds of which shall be25
used to pay the expenses of operating a misdemeanor detention facility in the parish.26
B.  The clerk of court shall place all sums collected or received pursuant to27
this Section with the finance director for the parish of East Baton Rouge, who shall28
place the funds in a separate account to be designated as the Misdemeanor Detention29 HLS 14RS-1470	REENGROSSED
HB NO. 915
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Fund.  All monies in this account shall be used solely for the purpose of paying1
expenses associated with the operation of a misdemeanor detention facility in the2
parish.  The finance director shall cause to be conducted annually an audit of the3
fund and the books and accounts relating thereto, and shall file the same with the4
office of the legislative auditor, where it shall be available for public inspection.5
C. All law enforcement agencies within the parish shall confer for the6
purpose of creating and implementing additional pilot programs for the periodic7
targeted enforcement of outstanding warrants until sufficient revenues are generated8
to sustain the permanent operation of the misdemeanor detention facility.9
D. The mayor-president for the parish of East Baton Rouge shall be10
authorized to expend funds and enter into cooperative endeavor agreements with all11
courts, the sheriff of East Baton Rouge Parish, and all other law enforcement12
agencies within the parish in order to carry out the provisions of this Section, subject13
to the approval of the Metropolitan Council of East Baton Rouge Parish.14
E. The mayor-president through the finance department shall report quarterly15
to the Metropolitan Council and the courts within the parish on the matters set forth16
in this Section, including recommendations regarding necessary adjustments and the17
financial feasibility of the misdemeanor warrant enforcement programs.18
*          *          *19
PART X. ZACHARY20
§2489.1. Zachary City Court; additional warrant recall fees; Misdemeanor21
Detention Fund22
A. The Zachary City Court shall levy and impose a warrant recall fee of fifty23
dollars on all persons who fail to appear as ordered on all misdemeanor offenses and24
traffic offenses where a warrant for arrest is issued, the proceeds of which shall be25
used to pay the expenses of operating a misdemeanor detention facility in the parish.26
B.  The clerk of court shall place all sums collected or received pursuant to27
this Section with the finance director for the parish of East Baton Rouge, who shall28
place the funds in a separate account to be designated as the Misdemeanor Detention29 HLS 14RS-1470	REENGROSSED
HB NO. 915
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Fund.  All monies in this account shall be used solely for the purpose of paying1
expenses associated with the operation of a misdemeanor detention facility in the2
parish.  The finance director shall cause to be conducted annually an audit of the3
fund and the books and accounts relating thereto, and shall file the same with the4
office of the legislative auditor, where it shall be available for public inspection.5
C. All law enforcement agencies within the parish shall confer for the6
purpose of creating and implementing additional pilot programs for the periodic7
targeted enforcement of outstanding warrants until sufficient revenues are generated8
to sustain the permanent operation of the misdemeanor detention facility.9
D. The mayor-president for the parish of East Baton Rouge shall be10
authorized to expend funds and enter into cooperative endeavor agreements with all11
courts, the sheriff of East Baton Rouge Parish, and all other law enforcement12
agencies within the parish in order to carry out the provisions of this Section, subject13
to the approval of the Metropolitan Council of East Baton Rouge Parish.14
E. The mayor-president through the finance department shall report quarterly15
to the Metropolitan Council and the courts within the parish on the matters set forth16
in this Section, including recommendations regarding necessary adjustments and the17
financial feasibility of the misdemeanor warrant enforcement programs.18
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)]
Alfred Williams	HB No. 915
Abstract: Requires the collection of a $50 warrant recall fee in all courts within East Baton
Rouge Parish and provides for the collection and use of such fee.
Proposed law requires the 19th JDC, East Baton Rouge Parish Family Court, Baker City
Court, Zachary City Court, and Baton Rouge City Court to levy and impose a $50 warrant
recall fee on all persons who fail to appear as ordered on all misdemeanor offenses and
traffic offenses where a warrant for arrest is issued and provides that the proceeds of which
shall be used to pay the expenses of operating a misdemeanor detention facility in the parish.
Proposed law requires each clerk of court to place all sums collected or received with the
finance director for the parish of East Baton Rouge, who shall place the funds in a separate
account to be designated as the Misdemeanor Detention Fund.   HLS 14RS-1470	REENGROSSED
HB NO. 915
Page 7 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law requires all monies in this account to be used solely for the purpose of paying
expenses associated with the operation of a misdemeanor detention facility in the parish and
requires the finance director to conduct an annual audit of the fund and the books and related
accounts and file the audit with the office of the legislative auditor, where it shall be
available for public inspection.
Proposed law requires all law enforcement agencies within the parish to confer for the
purpose of creating and implementing additional pilot programs for the periodic targeted
enforcement of outstanding warrants until sufficient revenues are generated to sustain the
permanent operation of the misdemeanor detention facility.
Proposed law authorizes the mayor-president to expend funds and enter into cooperative
endeavor agreements with all courts, the sheriff of East Baton Rouge Parish, and all other
law enforcement agencies within the parish in order to carry out the provisions of proposed
law, subject to the approval of the Metropolitan Council.
Proposed law requires the mayor-president through the finance department to report
quarterly to the Metropolitan council and the courts within the parish on the misdemeanor
detention fund, including recommendations regarding necessary adjustments and the
financial feasibility of the misdemeanor warrant enforcement programs.
(Adds R.S. 13:1000.10, 1415, 2071.1, 2488.40, and 2489.1)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Added authorization for the clerk of Zachary City Court to levy and impose a
$50 warrant recall fee on all persons who fail to appear as ordered on all
misdemeanor offenses and traffic offenses where a warrant for arrest is issued.
House Floor Amendments to the engrossed bill.
1. Changed the provision to levy and impose a warrant recall fee in all courts in
East Baton Rouge Parish from permissive to mandatory.