Louisiana 2014 Regular Session

Louisiana Senate Bill SB478 Latest Draft

Bill / Chaptered Version

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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
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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
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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
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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
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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
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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
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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: