Louisiana 2016 2016 Regular Session

Louisiana House Bill HB773 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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 773	2016 Regular Session	Marcelle
Keyword and oneliner of the instrument as it left the House
COURTS/COURT COSTS:  Provides for court costs collected in criminal cases
Report adopts Senate amendments to:
1. Provide that additional court costs assessed pursuant to present law for the benefit of crime
lab commissions and, specifically, the North La. Crime Lab Commission are optional in the
mayor's court of Dequincy, Iowa, Vinton, and Westlake if those courts are collecting a
separate $20 court cost to benefit the 14
th
 JDC Indigent Defender Fund.
2. Extend the termination date from Aug. 1, 2016 to Aug. 1, 2023 for these provisions affecting
Dequincy, Iowa, Vinton and Westlake.
Report rejects Senate amendments which would have:
1. Added an additional $10 filing fee for all civil petition filings in the 12
th
 JDC effective one
month after judicial council approval.
2. Established the Avoyelles Parish Courthouse Security Fund to fund security for the
Avoyelles Parish Courthouse to be collected from the following sources: the Avoyelles
Parish Police Jury general fund, criminal court fees assessed by the judges of the 12
th
 JDC,
a portion of funds derived from the pre-trial diversion program administered by the district
attorney, and the additional $10 filing fee for all civil petition filings in the 12
th
 JDC.
3. Made technical amendments.
Report amends the bill to:
1. Add a provision that allows the additional costs and charges collected in the 19
th
 JDC for
funding courthouse construction to apply to juvenile matters but prohibits the additional costs from applying to any child welfare proceeding instituted by the Department of Children and
Family Services or any district attorney's office.
2. Provide that the monies generated by the additional court costs and charges shall be used for
construction of the Juvenile Court, in addition to the other courts found in present law.
3. Add the Juvenile Court to the list of courts delineated  to be housed in the new courthouse
facilities.
Digest of the bill as proposed by the Conference Committee
Present law provides for court costs in criminal and juvenile matters.
Proposed law retains present law.  Provides for additional court costs in the amount of $10 to the 19
th
Judicial District Court Building Commission or $10 to the Juvenile Court of East Baton Rouge
Parish, as applicable, which will expire on or after Aug. 1, 2021.
Present law provides for the Building Fund in the Nineteenth Judicial District for construction of the
courthouse from certain additional court costs and fees.  Provides that such costs shall not apply to
cases involving juvenile and family matters.
Proposed law retains present law except it applies the additional costs and charges to juvenile matters
and prohibits the additional costs from applying to any child welfare proceeding instituted by the
Dept. of Children and Family Services or any district attorney's office.
Present law provides that the monies generated by such costs and fees be forwarded by the clerk of
court and sheriff to the fiscal agent bank chosen by the commission to be held in the courthouse
construction fund.  Provides that the new facility will house the 19
th
 JDC, the Family Court of East
Baton Rouge Parish, the office of the 19
th
 JDC Clerk of Court, and other ancillary agencies.
Proposed law retains present law and adds the Juvenile Court to the list of courts to be housed in
such facility.
Present law provides for certain court costs in the mayor's courts of Dequincy, Iowa, Vinton, and
Westlake, to benefit the 14th JDC Indigent Defender Fund, to terminate on Aug. 1, 2016.
Present law also provides for certain costs to be collected to benefit the North La. Crime Lab
Commission and other crime lab commissions.
Proposed law retains present law and provides that these court costs levied in the mayor's courts of
Dequincy, Iowa, Vinton, and Westlake in excess of $10 per offense shall be optional if costs are
being collected to benefit the 14th JDC. Proposed law extends the effectiveness of the court costs to benefit the 14
th
 JDC to Aug. 1, 2023.
(Amends R.S. 13:992.1(A) and (C)(4), R.S. 33:447.11, ยง2 of Act No. 13 of 2013; Adds R.S.
13:1000.7; Repeals R.S. 13:1000.7)