HLS 14RS-1470 REENGROSSED Page 1 of 7 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 Page 2 of 7 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 Page 3 of 7 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 Page 4 of 7 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 Page 5 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 * * *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.