SLS 16RS-539 REENGROSSED
2016 Regular Session
SENATE BILL NO. 219
BY SENATOR CLAITOR
BONDS. Provides relative to the distribution of forfeitures of criminal bail bonds. (8/1/16)
1 AN ACT
2 To amend and reenact R.S. 15:571.11(A)(1)(a), the introductory paragraph of (A)(2), and
3 the introductory paragraph of (L), relative to bail; to provide relative to the
4 disposition of fines and bail bond forfeitures; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 15:571.11(A)(1)(a), the introductory paragraph of (A)(2), and the
7 introductory paragraph of (L) are hereby amended and reenacted to read as follows:
8 ยง571.11. Dispositions of fines and forfeitures
9 A.(1)(a) All fines and forfeitures, except for forfeitures of criminal bail bonds
10 posted by a commercial security imposed by district courts and district attorneys,
11 conviction fees in criminal cases, and prosecutions for violations of state law or
12 parish ordinances, upon collection by the sheriff or executive officer of the court,
13 shall be paid into the treasury of the parish in which the court is situated and
14 deposited in a special "Criminal Court Fund" account, which, on motion by the
15 district attorney and approval order of the district judge, may be used or paid out in
16 defraying the expenses of the criminal courts of the parish as provided in Ch.C.
17 Articles 419 and 421 and R.S. 16:6, in defraying the expenses of those courts in
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 219
SLS 16RS-539 REENGROSSED
1 recording and transcribing of testimony, statements, charges, and other proceedings
2 in the trial of indigent persons charged with the commission of felonies, in defraying
3 their expenses in the preparation of records in appeals in such cases, for all expenses
4 and fees of the petit jury and grand jury, for witness fees, for attendance fees of the
5 sheriff and clerk of court, for costs and expenses of a parish law library, and for other
6 expenses related to the judges of the criminal courts and the office of the district
7 attorney. In the Second Judicial District, the criminal court fund shall be used to
8 defray the expenses of the criminal court system.
9 * * *
10 (2) All fines and forfeitures, except for forfeitures of criminal bail bonds
11 posted by a commercial surety imposed by district courts and collected by the sheriff
12 or executive officer of the court for violations of municipal ordinances shall be
13 disbursed as follows, except in the case of violations of any of the provisions of Title
14 32 of the Louisiana Revised Statutes of 1950, wherein such proceeds shall be
15 distributed in accordance with Subparagraph A(1)(a) of this Section:
16 * * *
17 L. All judgments of bond forfeiture rendered after June 22, 1993 August 1,
18 2016, resulting from the posting of a commercial surety bond in a criminal
19 proceeding in the state of Louisiana upon collection by the prosecuting attorney for
20 the jurisdiction in which the bond was posted shall be paid to the prosecuting
21 attorney who shall, as attorney of record in the proceeding, distribute the funds as
22 follows:
23 * * *
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Cheryl M. Serrett.
DIGEST
SB 219 Reengrossed 2016 Regular Session Claitor
Present law provides that all fines and forfeitures, except for forfeitures of criminal bail
bonds posted by a commercial security, that are imposed by district courts and district
attorneys, conviction fees in criminal cases, and prosecutions for violations of state law or
parish ordinances, once collected by the sheriff or executive officer of the court, are to be
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 219
SLS 16RS-539 REENGROSSED
paid into the treasury of the parish in which the court is situated and deposited in a special
"Criminal Court Fund" account, which may be used to defray certain court costs and
expenses as provided for in present law.
Proposed law deletes the present law exception for forfeitures of criminal bail bonds posted
by a commercial security so that these forfeitures are to be distributed in the same manner
as any other fine or forfeiture under present law. Proposed law otherwise retains present
law.
Present law provides that all fines and forfeitures, except for forfeitures of criminal bail
bonds posted by a commercial surety, imposed by district courts and collected by the sheriff
or executive officer of the court for violations of municipal ordinances are to be disbursed
in the manner provided for by present law.
Proposed law deletes the present law exception for forfeitures of criminal bail bonds posted
by a commercial surety so that these forfeitures are to be distributed in the same manner as
any other fine or forfeiture under present law. Proposed law otherwise retains present law.
Present law provides that all judgments of bond forfeiture rendered after 6/22/93 resulting
from the posting of a commercial surety bond in a criminal proceeding in the state of
Louisiana, upon collection by the prosecuting attorney for the jurisdiction in which the bond
was posted, are to be paid to the prosecuting attorney who will distribute the funds as
provided for by present law.
Proposed law deletes the present law exception for judgments of forfeitures of criminal bail
bonds posted by a commercial surety so that forfeitures rendered after 8/1/16 are to be
distributed in the same manner as any other fine or forfeiture under present law. Proposed
law otherwise retains present law.
Effective August 1, 2016.
(Amends R.S. 15:571.11(A)(1)(a), (A)(2)(intro para), and (L)(intro para))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical amendment to provide for the date in the statute for the proposed
law.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.