Page 1 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 ENROLLED SENATE BILL NO. 478 BY SENATOR CLAITOR AN ACT1 To enact R.S. 13:1000.10, 1415, 2002.1, 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 courts and judicial procedure; to authorize all courts in East Baton Rouge Parish to4 levy a warrant recall fee to fund a misdemeanor detention facility; to provide for the5 collection of the fee; to provide for the expenditure of funds collected; to provide6 reporting requirements; and to provide for related matters.7 Notice of intention to introduce this Act has been published.8 Be it enacted by the Legislature of Louisiana:9 Section 1. R.S. 13:1000.10, 1415, 2002.1, 2488.40, and Part X of Chapter 7 of Title10 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:2489.1, are hereby11 enacted to read as follows:12 §1000.10. Nineteenth Judicial District Court; additional warrant recall fees;13 Misdemeanor Detention Fund14 A. The Nineteenth Judicial District Court shall levy and impose a15 warrant recall fee of fifty dollars on all persons who fail to appear as ordered16 on all misdemeanor offenses and traffic offenses where a warrant for arrest is17 issued, the proceeds of which shall be used to pay the expenses of operating a18 misdemeanor detention facility in the parish. No more than four warrant recall19 fees shall be imposed by each judge against any person pursuant to the20 provisions of this Subsection.21 B. The clerk of court shall place all sums collected or received pursuant22 to this Section with the finance director for the parish of East Baton Rouge, who23 shall place the funds in a separate account to be designated as the Misdemeanor24 Detention Fund. All monies in this account shall be used solely for the purpose25 of paying expenses associated with the operation of a misdemeanor detention26 ACT No. 308 SB NO. 478 ENROLLED Page 2 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. facility in the parish. The finance director shall cause to be conducted annually1 an audit of the fund and the books and accounts relating thereto, and shall file2 the same with the office of the legislative auditor, where it shall be available for3 public inspection.4 C. All law enforcement agencies within the parish shall confer for the5 purpose of creating and implementing additional pilot programs for the6 periodic targeted enforcement of outstanding warrants until sufficient revenues7 are generated to sustain the permanent operation of the misdemeanor detention8 facility.9 D. The mayor-president for the parish of East Baton Rouge shall be10 authorized to expend funds and enter into cooperative endeavor agreements11 with all courts, the sheriff of East Baton Rouge Parish, and all other law12 enforcement agencies within the parish in order to carry out the provisions of13 this Section, subject to the approval of the Metropolitan Council of East Baton14 Rouge Parish.15 E. The mayor-president through the finance department shall report16 quarterly to the Metropolitan Council and the courts within the parish on the17 matters set forth in this Section, including recommendations regarding18 necessary adjustments and the financial feasibility of the misdemeanor warrant19 enforcement programs.20 * * *21 §1415. East Baton Rouge Parish Family Court; additional warrant recall fees;22 Misdemeanor Detention Fund23 A. The East Baton Rouge Parish Family Court shall levy and impose a24 warrant recall fee of fifty dollars on all persons who fail to appear as ordered25 on all misdemeanor offenses and traffic offenses where a warrant for arrest is26 issued, the proceeds of which shall be used to pay the expenses of operating a27 misdemeanor detention facility in the parish.28 B. The clerk of court shall place all sums collected or received pursuant29 to this Section with the finance director for the parish of East Baton Rouge, who30 SB NO. 478 ENROLLED Page 3 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. shall place the funds in a separate account to be designated as the Misdemeanor1 Detention Fund. All monies in this account shall be used solely for the purpose2 of paying expenses associated with the operation of a misdemeanor detention3 facility in the parish. The finance director shall cause to be conducted annually4 an audit of the fund and the books and accounts relating to the fund, and shall5 file the same with the office of the legislative auditor, where it shall be available6 for public inspection.7 C. All law enforcement agencies within the parish shall confer for the8 purpose of creating and implementing additional pilot programs for the9 periodic targeted enforcement of outstanding warrants until sufficient revenues10 are generated to sustain the permanent operation of the misdemeanor detention11 facility.12 D. The mayor-president for the parish of East Baton Rouge shall be13 authorized to expend funds and enter into cooperative endeavor agreements14 with all courts, the sheriff of East Baton Rouge Parish, and all other law15 enforcement agencies within the parish in order to carry out the provisions of16 this Section, subject to the approval of the Metropolitan Council of East Baton17 Rouge Parish.18 E. The mayor-president through the finance department shall report19 quarterly to the Metropolitan Council and the courts within the parish on the20 matters set forth in this Section, including recommendations regarding21 necessary adjustments and the financial feasibility of the misdemeanor warrant22 enforcement programs.23 * * *24 §2002.1. Baton Rouge City Court; additional warrant recall fees;25 Misdemeanor Detention Fund26 A. The Baton Rouge City Court shall levy and impose a warrant recall27 fee of twenty-five dollars on all persons who fail to appear as ordered on all28 misdemeanor offenses and traffic offenses where a warrant for arrest is issued,29 the proceeds of which shall be used to pay the expenses of operating a30 SB NO. 478 ENROLLED Page 4 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. misdemeanor detention facility in the parish. No more than four warrant recall1 fees shall be imposed by each judge against any person pursuant to the2 provisions of this Subsection.3 B. The clerk of court shall place all sums collected or received pursuant4 to this Section with the finance director for the parish of East Baton Rouge, who5 shall place the funds in a separate account to be designated as the Misdemeanor6 Detention Fund. All monies in this account shall be used solely for the purpose7 of paying expenses associated with the operation of a misdemeanor detention8 facility in the parish. The finance director shall cause to be conducted annually9 an audit of the fund and the books and accounts relating thereto, and shall file10 the same with the office of the legislative auditor, where it shall be available for11 public inspection.12 C. All law enforcement agencies within the parish shall confer for the13 purpose of creating and implementing additional pilot programs for the14 periodic targeted enforcement of outstanding warrants until sufficient revenues15 are generated to sustain the permanent operation of the misdemeanor detention16 facility.17 D. The mayor-president for the parish of East Baton Rouge shall be18 authorized to expend funds and enter into cooperative endeavor agreements19 with all courts, the sheriff of East Baton Rouge Parish, and all other law20 enforcement agencies within the parish in order to carry out the provisions of21 this Section, subject to the approval of the Metropolitan Council of East Baton22 Rouge Parish.23 E. The mayor-president through the finance department shall report24 quarterly to the Metropolitan Council and the courts within the parish on the25 matters set forth in this Section, including recommendations regarding26 necessary adjustments and the financial feasibility of the misdemeanor warrant27 enforcement programs.28 F. Notwithstanding any other provision of law to the contrary, the fees29 provided for in this Section, shall be in addition to any other lawfully imposed30 SB NO. 478 ENROLLED Page 5 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. costs, fees, fines, or forfeitures.1 * * *2 §2488.40. Baker City Court; additional warrant recall fees; Misdemeanor3 Detention Fund4 A. The Baker City Court shall levy and impose a warrant recall fee of5 fifty dollars on all persons who fail to appear as ordered on all misdemeanor6 offenses and traffic offenses where a warrant for arrest is issued, the proceeds7 of which shall be used to pay the expenses of operating a misdemeanor detention8 facility in the parish. No more than four warrant recall fees shall be imposed9 by each judge against any person pursuant to the provisions of this Subsection.10 B. The clerk of court shall place all sums collected or received pursuant11 to this Section with the finance director for the parish of East Baton Rouge, who12 shall place the funds in a separate account to be designated as the Misdemeanor13 Detention Fund. All monies in this account shall be used solely for the purpose14 of paying expenses associated with the operation of a misdemeanor detention15 facility in the parish. The finance director shall cause to be conducted annually16 an audit of the fund and the books and accounts relating thereto, and shall file17 the same with the office of the legislative auditor, where it shall be available for18 public inspection.19 C. All law enforcement agencies within the parish shall confer for the20 purpose of creating and implementing additional pilot programs for the21 periodic targeted enforcement of outstanding warrants until sufficient revenues22 are generated to sustain the permanent operation of the misdemeanor detention23 facility.24 D. The mayor-president for the parish of East Baton Rouge shall be25 authorized to expend funds and enter into cooperative endeavor agreements26 with all courts, the sheriff of East Baton Rouge Parish, and all other law27 enforcement agencies within the parish in order to carry out the provisions of28 this Section, subject to the approval of the Metropolitan Council of East Baton29 Rouge Parish.30 SB NO. 478 ENROLLED Page 6 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. E. The mayor-president through the finance department shall report1 quarterly to the Metropolitan Council and the courts within the parish on the2 matters set forth in this Section, including recommendations regarding3 necessary adjustments and the financial feasibility of the misdemeanor warrant4 enforcement programs.5 * * *6 PART X. ZACHARY7 §2489.1. Zachary City Court; additional warrant recall fees; Misdemeanor8 Detention Fund9 A. The Zachary City Court shall levy and impose a warrant recall fee10 of fifty dollars on all persons who fail to appear as ordered on all misdemeanor11 offenses and traffic offenses where a warrant for arrest is issued, the proceeds12 of which shall be used to pay the expenses of operating a misdemeanor detention13 facility in the parish. No more than four warrant recall fees shall be imposed by14 each judge against any person pursuant to the provisions of this Subsection.15 B. The clerk of court shall place all sums collected or received pursuant16 to this Section with the finance director for the parish of East Baton Rouge, who17 shall place the funds in a separate account to be designated as the Misdemeanor18 Detention Fund. All monies in this account shall be used solely for the purpose19 of paying expenses associated with the operation of a misdemeanor detention20 facility in the parish. The finance director shall cause to be conducted annually21 an audit of the fund and the books and accounts relating thereto, and shall file22 the same with the office of the legislative auditor, where it shall be available for23 public inspection.24 C. All law enforcement agencies within the parish shall confer for the25 purpose of creating and implementing additional pilot programs for the26 periodic targeted enforcement of outstanding warrants until sufficient revenues27 are generated to sustain the permanent operation of the misdemeanor detention28 facility.29 D. The mayor-president for the parish of East Baton Rouge shall be30 SB NO. 478 ENROLLED Page 7 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. authorized to expend funds and enter into cooperative endeavor agreements1 with all courts, the sheriff of East Baton Rouge Parish, and all other law2 enforcement agencies within the parish in order to carry out the provisions of3 this Section, subject to the approval of the Metropolitan Council of East Baton4 Rouge Parish.5 E. The mayor-president through the finance department shall report6 quarterly to the Metropolitan Council and the courts within the parish on the7 matters set forth in this Section, including recommendations regarding8 necessary adjustments and the financial feasibility of the misdemeanor warrant9 enforcement programs.10 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: