Louisiana 2016 2016 Regular Session

Louisiana House Bill HB689 Comm Sub / Analysis

                    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 Engrossed	2016 Regular Session	Jones
Abstract:  Requires 30% of funds collected by the city courts of Morgan City, New Iberia, 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. 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.
(Amends R.S. 13:2005.1 and 2488.7; 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.