DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument.
HB 82 Original 2015 Regular Session Chaney
Abstract: Authorizes the court to order the parents, tutor, guardian, or legal custodian of a child to
pay restitution for damages caused by the delinquent act of a child.
Present law (Ch.C. Articles 897(B)(2)(c) and 899(B)(2)(c)) authorizes the court to order a child to
pay restitution, as a condition of probation for the commission of a felony- or misdemeanor-grade
delinquent act, for any personal or property damage caused by the child in the commission of the
delinquent act.
Present law (C.C. Art. 2318) provides that in civil cases, the father and the mother are responsible
for the damage occasioned by their minor child, unless the minor child has been emancipated by
marriage or judgment.
Proposed law retains present law and provides that if a child is ordered to pay restitution as a
condition of probation for the commission of a delinquent act and the child cannot personally make
payment, the parents, tutor, guardian, or legal custodian of the child shall be liable for payment of
the restitution. Proposed law authorizes the court to waive payment of the restitution, or any part
thereof, upon a finding of good cause.
(Amends Ch.C. Arts. 897(B)(2)(c) and 899(B)(intro. para.) and (2)(c))