Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB40 Engrossed / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 40
BY SENATOR CORTEZ 
COURTS.  Provides relative to certain court costs in the City Court of Lafayette.  (8/1/14)
AN ACT1
To enact R.S. 13:1899(C)(11), relative to courts and judicial procedure; to provide relative2
to the assessment and disposition of certain costs by courts in criminal and juvenile3
matters; to provide certain limitations; to provide relative to the City Court of4
Lafayette; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 13:1899(C)(11) is hereby enacted to read as follows:7
ยง1899. Assessment and disposition of costs in criminal cases; costs in juvenile8
matters for specified courts9
*          *          *10
C. In all criminal matters, when the office of the marshal has derived one11
hundred thousand dollars or more in revenues for the year 2004 from costs assessed12
pursuant to this Subsection, the city judge shall assess, in addition to the costs13
assessed in Subsection A, the sum of fifteen dollars as additional costs of court. In14
all criminal matters, when the office of the marshal has derived less than one15
hundred thousand dollars in revenues for the year 2004 from costs assessed pursuant16
to this Subsection, the city judge shall assess, in addition to the costs assessed in17 SB NO. 40
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Subsection A, the sum of thirty dollars as additional costs of court. The proceeds1
shall be deposited in a special account, separate and distinct from the account2
provided for in Subsection B of this Section, which account shall be in the name of3
and under the control of the marshal or constable of the court, shall be subject to4
audit, and shall be used to defray operational expenses of the office of marshal or5
constable of the court, all as may be useful and necessary for the proper conduct of6
the marshal's or constable's office, or for purchase of law enforcement equipment,7
and all as may be proved by the marshal or constable. The city judges of any and all8
parishes and the mayor's court in the town of Many in Sabine Parish shall be9
authorized to assess such sum in accordance with this Section. Assessments in10
particular courts are governed by the following:11
*          *          *12
(11) The additional costs provided for in this Subsection shall not exceed13
thirty dollars in the City Court of Lafayette.14
*          *          *15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Cortez (SB 40)
Present law provides relative to city courts in general that, in all criminal matters, in addition
to the fine or other penalty which may be legally imposed against every defendant who is
convicted after trial or after a plea of guilty or who forfeits his bond, the judge may assess
costs of court in an amount not to exceed $30.  Present law provides that the proceeds
derived from those $30 assessments shall be placed in a special account to be used for the
operational expenses of the court, or for payment of clerical fees or for other similar
expenses as may be approved by the judge. 
Present law further provides that, when the office of the marshal has derived $100,000 or
more in revenues for the year 2004 from the proceeds of those $30 assessments, then in
addition to those assessments, in all criminal matters the city judge shall assess $15 as
additional court costs. When the office of the marshal has derived less than $100,000 in
revenues for the year 2004 from the proceeds of those $30 assessments, then in addition to
those $30 assessments, the city judge shall assess $30 as additional court costs.  Present law
provides that the proceeds from these additional assessments shall be deposited in a special
account, separate and distinct from the $30 assessments placed into an account for the
operational expenses of the court or clerical fees, and these additional assessments shall be
used to defray operational expenses of the office of marshal or constable of the court, or for
purchase of law enforcement equipment, and all as may be proved by the marshal or
constable.  SB NO. 40
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law further provides that the city judges of any and all parishes and the mayor's court
in the town of Many in Sabine Parish shall be authorized to assess such assessments.
Present law further provides that assessments in particular courts are governed by certain
limitations, including that the additional costs provided for in present law (i.e. the extra $15
or $30 assessment allowed to be assessed by the city court judge to provide for the expenses
of the marshal or constable's office) shall not exceed $30 in the City Court of Houma, the
City Court of Ruston, the City Court of Minden, the City Court of Springhill, the City Court
of Hammond, the City Court of Bastrop, the City Court of West Monroe, the City Court of
Monroe, the City Court of Denham Springs and the City Court of Alexandria.
Proposed law retains present law and adds that the additional costs provided for in present
law shall not exceed $30 in the City Court of Lafayette. 
Effective August 1, 2014.
(Adds R.S. 13:1899(C)(11))