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)]
HB 209 Engrossed 2015 Regular Session Terry Landry
Abstract: Provides relative to the assessment of certain court costs and fees in parishes that
participate in a criminalistics laboratory commission or a sheriff's criminalistics laboratory.
Present law provides that in all criminal cases prosecuted under state statutes, parish ordinances, or
city ordinances in any mayor's, city, parish, or district court located within a parish that is part of a
criminalistics laboratory commission or of a sheriff's criminalistics laboratory, there shall be taxed
as costs against every defendant who is convicted, who enters a plea of guilty or of nolo contendere,
or who forfeits his bond, a sum in accordance with the following:
(1)Operating a vehicle while intoxicated and drug offenses - $50.
(2)Offenses included in the La. Criminal Code - $10.
(3)Violations of the provisions of Title 32 (Motor Vehicles and Traffic Regulation) or of city
or parish traffic ordinances - $10.
Present law further provides that the $10 sum described in Paragraph (3) above shall not be charged
or collected in the following cases:
(1)Operating a vehicle with an expired inspection sticker.
(2)Operating a vehicle with an expired driver's license.
(3)Operating a vehicle without a driver's license upon one's person.
Proposed law amends present law as follows:
(1)Increases, from $10 to $30, the sum levied in cases involving a violation of the Title 32
provisions or of a city or parish traffic ordinance, except for violations listed in Paragraph
(2) below.
(2)Provides that, for any of the following offenses, a sum of $10 shall be charged and collected:
(a)Operating a vehicle with an expired inspection sticker.
(b)Operating a vehicle with an expired driver's license.
(c)Operating a vehicle without a driver's license upon one's person.
(d)Improper use of a safety belt in violation of present law.
(e)Commission of any offense defined in present law Title 56 (Wildlife and Fisheries).
Proposed law retains the present law provision that provides that in the city courts of Jefferson Parish, taxation of these costs shall be optional.
Present law provides that the taxation of additional costs for the necessary operating expenses of the
commissions and laboratories in any mayor's court in a municipality with a population of 4,000 or
less shall be optional.
Proposed law repeals this provision of present law.
Present law provides that in all criminal cases prosecuted under state statutes, parish ordinances, or
city ordinances in any mayor's, city, or district court within a parish which is now, or hereafter
becomes, a part of the Acadiana Criminalistics Laboratory Commission, the North Louisiana
Criminalistics Laboratory Commission, the Southeast Louisiana Regional Criminalistics Laboratory
Commission, and any other criminalistics laboratory commission or of a sheriff's criminalistics
laboratory, there shall be assessed by the court, in addition to and separate from other costs, against
every defendant who is convicted after trial, who enters a plea of guilty or of nolo contendere, or who
forfeits his bond, a fee in accordance with the following schedule:
(1)Crimes which are misdemeanor offenses - $50.
(2)Crimes which are felony offenses - $150.
(3)A fee not to exceed $1,000, as reimbursement to the commission if laboratory personnel
performed a scientific test of any evidence seized pursuant to the investigation or prosecution
of a violation.
Proposed law amends present law to provide that the $50 fee assessed in cases involving crimes
which are misdemeanor offenses excludes violations of any provision of Title 32 or Title 56 of the
LRS of 1950 or any violation of a city or parish traffic ordinance.
Provides that the provisions of proposed law shall become effective upon the approval of the Judicial
Council of the Supreme Court of La.
(Amends R.S. 40:2266.1(B)(1) and (2) and 2266.1.1(A)(1); Repeals R.S. 40:2266.1(B)(6))