HLS 15RS-281 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 82
BY REPRESENTATIVE CHANEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUVENILES/DELINQUENTS: Provides relative to the payment of restitution for damages
caused by the delinquent act of the child
1 AN ACT
2To amend and reenact Children's Code Articles 897(B)(2)(c) and 899(B)(introductory
3 paragraph) and (2)(c), relative to restitution; to provide relative to the payment of
4 restitution for damages caused by the delinquent act of a child; to authorize the court
5 to order the parents, tutor, guardian, or legal custodian of a child to pay restitution
6 for acts committed by the child; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Children's Code Articles 897(B)(2)(c) and 899(B)(introductory paragraph)
9and (2)(c) are hereby amended and reenacted to read as follows:
10 Art. 897. Disposition after adjudication of a felony-grade delinquent act
11 * * *
12 B. As conditions of probation, if ordered pursuant to Subparagraph (A)(3)
13 of this Article:
14 * * *
15 (2) The court may impose any other term and condition deemed in the best
16 interests of the child and the public, including:
17 * * *
18 (c) A requirement that the child make reasonable restitution to any victim for
19 any personal or property damage caused by the child in the commission of the
20 delinquent act. If the child is personally unable to make restitution, the parents,
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-281 ORIGINAL
HB NO. 82
1 tutor, guardian, or legal custodian of the child shall be liable for payment of the
2 restitution. A court may waive payment of the restitution, or any part thereof, by the
3 parents, tutor, guardian, or legal custodian of the child upon a finding of good cause.
4 * * *
5 Art. 899. Disposition after adjudication of a misdemeanor-grade delinquent act
6 * * *
7 B. As conditions of probation, if ordered pursuant to Subparagraph A(A)(3)
8 of this Article:
9 * * *
10 (2) The court may impose any other term and condition deemed in the best
11 interests of the child and the public, including:
12 * * *
13 (c) A requirement that the child make reasonable restitution to any victim for
14 any personal or property damage caused by the child in the commission of the
15 delinquent act. If the child is personally unable to make restitution, the parents,
16 tutor, guardian, or legal custodian of the child shall be liable for payment of the
17 restitution. A court may waive payment of the restitution, or any part thereof, by the
18 parents, tutor, guardian, or legal custodian of the child upon a finding of good cause.
19 * * *
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.
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HB NO. 82
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))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.