Louisiana 2016 2016 Regular Session

Louisiana House Bill HB92 Engrossed / Bill

                    HLS 16RS-464	ENGROSSED
2016 Regular Session
HOUSE BILL NO. 92
BY REPRESENTATIVE JAMES
COURTS/COURT COSTS:  Repeals  the warrant recall fees collected to fund a
misdemeanor jail in East Baton Rouge Parish
1	AN ACT
2To repeal R.S. 13:1000.10, 1415, 2002.1, 2488.40, and 2489.1, relative to warrant recall fees
3 to fund a misdemeanor detention facility in East Baton Rouge Parish; to repeal
4 statutory authority for the levying and collection of such fees.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 13:1000.10, 1415, 2002.1, 2488.40, and 2489.1 are hereby repealed
7in their entirety.
8 Section 2.  All sums collected and placed in the Misdemeanor Detention Fund
9pursuant to the provisions of R.S. 13:1000.10, 1415, 2002.1, 2488.40, and 2489.1 prior to
10the effective date of this Act shall be returned to the court that collected those sums. 
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 92 Engrossed 2016 Regular Session	James
Abstract:  Repeals statutes providing for the collection of funds by courts in East Baton
Rouge Parish to be used for a misdemeanor detention facility, and returns the sums
collected to the courts that collected them.
Present law requires the 19th JDC, East Baton Rouge Parish Family Court, Baker City Court,
and the Zachary City Court to levy and impose a $50 warrant recall fee on all persons who
fail to appear on all misdemeanor offenses and traffic offenses where a warrant for arrest is
issued.  Provides that the proceeds shall be used to pay the expenses of operating a
misdemeanor detention facility in the parish.
Present law requires the Baton Rouge City Court to levy and impose a $25 warrant recall fee
on all persons who fail to appear on all misdemeanor offenses and traffic offenses where a
Page 1 of 2 HLS 16RS-464	ENGROSSED
HB NO. 92
warrant for arrest is issued.  Provides that the proceeds shall be used to pay the expenses of
operating a misdemeanor detention facility in East Baton Rouge Parish.
Present law requires each clerk of court to place all sums collected or received with the
finance director for the parish of East Baton Rouge, who shall place the funds in the
Misdemeanor Detention Fund.  
Present law requires all monies in this account to be used solely for the purpose of paying
expenses associated with the operation of a misdemeanor detention facility in the parish and
requires the finance director to conduct an annual audit of the fund.
Present law requires all law enforcement agencies within the parish to confer for the purpose
of creating and implementing additional pilot programs for the periodic targeted enforcement
of outstanding warrants until sufficient revenues are generated to sustain the permanent
operation of the misdemeanor detention facility.
Present law authorizes the mayor-president to expend funds and enter into cooperative
endeavor agreements with all courts, the sheriff of East Baton Rouge Parish, and all other
law enforcement agencies within the parish in order to carry out the provisions of present
law, subject to the approval of the Metropolitan Council.
Present law requires the mayor-president through the finance department to report quarterly
to the Metropolitan Council and the courts within the parish on the Misdemeanor Detention
Fund, including recommendations regarding necessary adjustments and the financial
feasibility of the misdemeanor warrant enforcement programs.
Proposed law repeals present law.  Requires monies in the Misdemeanor Detention Fund to
be returned to the courts that collected them.
(Repeals R.S. 13:1000.10, 1415, 2002.1, 2488.40, and 2489.1)
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