HLS 16RS-1086 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 689
BY REPRESENTATIVE JONES
COURTS/CITY: Provides relative to indigent defense services in certain city courts
1 AN ACT
2To amend and reenact R.S. 13:2005.1, 2488.7, and 2488.77 and to enact R.S. 13:2005(D)
3 and (E), relative to city courts; to provide for the city courts of New Iberia, Franklin,
4 Breaux Bridge, and Morgan City; to provide for the creation of Indigent Defender
5 Fund Boards in those city courts; to provide for membership; to provide relative to
6 fees collected for purposes of indigent defense; to deposit a portion of those fees into
7 a special fund; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 13:2005.1, 2488.7, and 2488.77 are hereby amended and reenacted
10and R.S. 13:2005(D) and (E) are hereby enacted to read as follows:
11 §2005. Morgan City
12 * * *
13 D. Thirty percent of the funds collected by the city court of Morgan City
14 pursuant to the provisions of R.S. 15:168(B) shall be deposited into a special fund
15 created for this purpose. The fund shall be referred to as the Morgan City Indigent
16 Defender Fund.
17 E. The Morgan City Indigent Defender Fund Board shall manage and
18 oversee funds remitted to the Morgan City Indigent Defender Fund and shall consist
19 of three members residing in the Morgan City Court district and shall be composed
20 of the following:
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HB NO. 689
1 (1) One member appointed by the city council of Morgan City.
2 (2) One member appointed by the St. Mary Parish Council.
3 (3) One member appointed by the legislative delegation from nominees from
4 the Louis A. Martinet Legal Society.
5 §2005.1. New Iberia
6 A. Fines, forfeitures and penalties imposed in criminal prosecutions by the
7 city court of New Iberia for city violations shall be paid into the city treasury of the
8 city of New Iberia; fines, forfeitures and penalties under state statutes shall be paid
9 into the city treasury of the city of New Iberia. Costs assessed in criminal matters by
10 the city court of New Iberia shall be disposed of and used as is provided by R.S.
11 13:1899.
12 B. Notwithstanding any other provision of this Section to the contrary, thirty
13 percent of the funds collected by the city court of New Iberia pursuant to the
14 provisions of R.S. 15:168(B) shall be deposited into a special fund created for this
15 purpose. The fund shall be referred to as the New Iberia Indigent Defender Fund.
16 C. The New Iberia Indigent Defender Fund Board shall manage and oversee
17 funds remitted to the New Iberia Indigent Defender Fund and shall consist of three
18 members residing in the New Iberia City Court district and shall be composed of the
19 following:
20 (1) One member appointed by the city council of New Iberia.
21 (2) One member appointed by the Iberia Parish Council.
22 (3) One member appointed by the legislative delegation from nominees from
23 the Louis A. Martinet Legal Society.
24 * * *
25 §2488.7. Collection of fines, forfeitures, penalties and costs
26 A. The city judge or any officer of the city court as may be designated by the
27 city judge, shall collect all fines, forfeitures, penalties and costs, and all funds so
28 collected, excluding costs, shall be paid into the town treasury of the town of
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HB NO. 689
1 Franklin when the prosecution is on behalf of the town, and into the parish treasury
2 when the prosecution is on behalf of the state or the parish.
3 B. Notwithstanding any other provision of this Section to the contrary, thirty
4 percent of the funds collected by the city court of Franklin pursuant to the provisions
5 of R.S. 15:168(B) shall be deposited into a special fund created for this purpose. The
6 fund shall be referred to as the Franklin Indigent Defender Fund.
7 C. The Franklin Indigent Defender Fund Board shall manage and oversee
8 funds remitted to the Franklin Indigent Defender Fund and shall consist of three
9 members residing in the Franklin City Court district and shall be composed of the
10 following:
11 (1) One member appointed by the city council of Franklin.
12 (2) One member appointed by the St. Mary Parish Council.
13 (3) One member appointed by the legislative delegation from nominees from
14 the Louis A. Martinet Legal Society.
15 * * *
16 §2488.77. Collection of fines, forfeitures, penalties, and costs
17 A. The city judge, or any other officer of the city court designated by the city
18 judge, shall collect all fines, forfeitures, penalties, and costs, and all funds so
19 collected, excluding costs, shall be paid into the town treasury of the town of Breaux
20 Bridge when the prosecution is on behalf of the town, and into the parish treasury of
21 the St. Martin Parish police jury general fund when the prosecution is on behalf of
22 the state or the parish.
23 B. Notwithstanding any other provision of this Section to the contrary, thirty
24 percent of the funds collected by the city court of Breaux Bridge pursuant to the
25 provisions of R.S. 15:168(B) shall be deposited into a special fund created for this
26 purpose. The fund shall be referred to as the Breaux Bridge Indigent Defender Fund.
27 C. The Breaux Bridge Indigent Defender Fund Board shall manage and
28 oversee funds remitted to the Breaux Bridge Indigent Defender Fund and shall
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HB NO. 689
1 consist of three members residing in the Breaux Bridge City Court district and shall
2 be composed of the following:
3 (1) One member appointed by the city council of Breaux Bridge.
4 (2) One member appointed by the St. Martin Parish Council.
5 (3) One member appointed by the legislative delegation from nominees from
6 the Louis A. Martinet Legal Society.
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 689 Reengrossed 2016 Regular Session Jones
Abstract: Requires 30% of funds collected by the city courts of Morgan City, New Iberia,
Breaux Bridge, and Franklin to be deposited into a special indigent defender fund for
indigent defense services in each city court, and to provide for the membership and
function of those respective city court indigent defender fund boards.
Present law (R.S. 15:168) requires the collection of court costs in courts of original criminal
jurisdiction in the amount of $45 until Aug. 1, 2016, and $35 thereafter. Provides that such
funds shall be used and administered by the district public defender.
Proposed law retains present law except it requires 30% of those funds collected by the city
court of Morgan City, to be deposited into the Morgan City Public Defender Fund.
Proposed law creates the Morgan City Public Defender Fund Board to manage and oversee
funds remitted to the Morgan City Public Defender Fund. Membership of the board is
comprised of three members each residing in the Morgan City Court district appointed as
follows:
(1)One member appointed by the city council of Morgan City.
(2)One member appointed by the St. Mary Parish Council.
(3)One member appointed by the legislative delegation and nominated from the Louis
A. Martinet Legal Society.
Present law (R.S. 13:2005.1) provides that all fines, forfeitures, and penalties imposed by
the city court of New Iberia shall be paid into the city treasury.
Proposed law retains present law except it requires 30% of those funds collected by the city
court of New Iberia, to be deposited into the New Iberia Public Defender Fund.
Proposed law creates the New Iberia Public Defender Fund Board to manage and oversee
funds remitted to the New Iberia Public Defender Fund. Membership of the board is
comprised of three members each residing in the New Iberia City Court district appointed
as follows:
(1)One member appointed by the city council of New Iberia.
(2)One member appointed by the Iberia Parish Council.
(3)One member appointed by the legislative delegation and nominated from the Louis
A. Martinet Legal Society.
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HB NO. 689
Present law (R.S. 13:2488.7) provides that all fines, forfeitures, penalties, and costs
designated by the city judge shall be paid into the Franklin town treasury when the
prosecution is on behalf of the town and the parish treasury when the prosecution is on
behalf of the state or parish.
Proposed law retains present law except it requires 30% of those funds collected by the city
court of Franklin to be deposited into the Franklin Public Defender Fund.
Proposed law creates the Franklin Public Defender Fund Board to manage and oversee funds
remitted to the Franklin Public Defender Fund. Membership of the board is comprised of
three members each residing in the Franklin City Court district appointed as follows:
(1)One member appointed by the city council of Franklin.
(2)One member appointed by the St. Mary Parish Council.
(3)One member appointed by the legislative delegation and nominated from the Louis
A. Martinet Legal Society.
Present law (R.S. 13:2488.77) provides that all fines, forfeitures, penalties, and costs
designated by the city judge shall be paid into the Breaux Bridge town treasury when the
prosecution is on behalf of the town and into the parish treasury of the St. Martin Parish
police jury general fund when the prosecution is on behalf of the state or parish.
Proposed law retains present law except it requires 30% of those funds collected by the city
court of Breaux Bridge to be deposited into the Breaux Bridge Public Defender Fund.
Proposed law creates the Breaux Bridge Public Defender Fund Board to manage and oversee
funds remitted to the Breaux Bridge Public Defender Fund. Membership of the board is
comprised of three members each residing in the Breaux Bridge City Court district appointed
as follows:
(1)One member appointed by the city council of Breaux Bridge.
(2)One member appointed by the St. Martin Parish Council.
(3)One member appointed by the legislative delegation and nominated from the Louis
A. Martinet Legal Society.
(Amends R.S. 13:2005.1, 2488.7, and 2488.77; Adds R.S. 13:2005(D) and (E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Creates the Franklin Public Defender Fund Board to manage and oversee funds
remitted to the Franklin Public Defender Fund, and provides for its membership.
2. Creates the New Iberia Public Defender Fund Board to manage and oversee
funds remitted to the New Iberia Public Defender Fund, and provides for its
membership.
3. Creates the Morgan City Public Defender Fund Board to manage and oversee
funds remitted to the Morgan City Public Defender Fund, and provides for its
membership.
4. Provides that 30% of funds collected by the city court of Franklin, city court of
New Iberia, and city court of Morgan City shall be deposited into the proposed
law funds.
5. Adds technical amendments.
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HB NO. 689
The House Floor Amendments to the engrossed bill:
1. Creates the Breaux Bridge Public Defender Fund Board to manage and oversee
funds remitted to the Breaux Bridge Public Defender Fund, and provides for its
membership.
2. Provides that 30% of funds collected by the city court of Breaux Bridge shall be
deposited into the proposed law fund.
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