HLS 16RS-1009 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 547
BY REPRESENTATIVE JACKSON
CRIMINAL/PROCEDURE: Provides methods for determining indigency of an accused
person
1 AN ACT
2To amend and reenact R.S. 15:175(A)(1)(a) and (d) and (B)(1) and to enact R.S. 15:175(D),
3 relative to public defender services; to provide with respect to determinations of
4 indigency; to provide for a revision in the process of determining if a defendant is
5 indigent; to create an indigency review panel; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 15:175(A)(1)(a) and (d) and (B)(1) are hereby enacted and R.S.
815:175(D) is hereby enacted to read as follows:
9 ยง175. Proceedings to determine indigency
10 A.(1)(a) A preliminary inquiry and determination of indigency of any
11 accused person shall be made by the court indigency review panel not later than
12 arraignment and such determination may be reviewed by the court at any other stage
13 of the proceedings.
14 * * *
15 (d) If the court indigency review panel makes the preliminary determination
16 that the accused is or may be indigent, the court shall require the accused to make
17 application to the district public defender office or an attorney appointed or under
18 contract to provide indigent defender services, who shall inquire further into the
19 accused's economic status and, upon determining that the accused is indigent, shall
20 file a certification thereof, in such form as the court indigency review panel may
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1009 ORIGINAL
HB NO. 547
1 require and without paying costs in advance, in the record of the proceeding or enroll
2 as counsel.
3 * * *
4 B.(1) In determining whether or not a person is indigent and entitled to the
5 appointment of counsel, the court indigency review panel shall consider whether the
6 person is a needy person and the extent of his ability to pay. The court may consider
7 such factors as income or funds from employment or any other source, including
8 public assistance, to which the accused is entitled, property owned by the accused
9 or in which he has an economic interest, outstanding obligations, the number and
10 ages of dependents, employment and job training history, and level of education.
11 * * *
12 D. There shall be an indigency review panel established in each judicial
13 district which shall review and determine the indigency of an accused person.
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 547 Original 2016 Regular Session Jackson
Abstract: Provides for an alternative entity to determine indigent status other than the court.
Present law provides for representation of defendants who are indigent and requires the court
to determine indigency.
Proposed law changes present law to provide that an indigency review panel shall determine
indigency.
Proposed law provides for the establishment of an indigency review panel in each judicial
district.
(Amends R.S. 15:175(A)(1)(a) and (d) and (B)(1); Adds R.S. 15:175(D))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.