SLS 16RS-831 ORIGINAL
2016 Regular Session
SENATE BILL NO. 406
BY SENATORS LAMBERT AND CLAITOR
INDIGENT DEFENSE. Authorizes collection of special costs from individuals participating
in pretrial diversion programs to be allocated to the local indigent defender fund. (8/1/16)
1 AN ACT
2 To amend and reenact R.S. 15:168(B)(1) and to enact R.S. 15:168.1, relative to the judicial
3 district indigent defender fund; to maintain at its current level the amount of special
4 costs assessed against criminal defendants and remitted to the fund; to authorize the
5 assessment of certain special costs against an offender participating in a pretrial
6 diversion program under certain circumstances; to provide relative to payment of the
7 assessment; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 15:168(B)(1) is hereby amended and reenacted and R.S. 15:168.1 is
10 hereby enacted to read as follows:
11 §168. Judicial district indigent defender fund
12 * * *
13 B.(1) Every court of original criminal jurisdiction, except in the town of
14 Jonesville, in the city of Plaquemine, and in mayors' courts in municipalities having
15 a population of less than five thousand, shall remit the following special costs to the
16 district indigent defender fund for the following violations, under state statute as well
17 as under parish or municipal ordinance, except a parking violation. The sum of forty-
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Coding: Words which are struck through are deletions from existing law;
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1 five dollars shall be assessed in cases in which a defendant is convicted after a trial,
2 a plea of guilty or nolo contendere, or after forfeiting bond and shall be in addition
3 to all other fines, costs, or forfeitures imposed. The court cost of forty-five dollars
4 authorized by the provisions of this Subsection shall expire on August 1, 2016, and
5 thereafter the court cost authorized by the provisions of this Subsection shall be
6 thirty-five dollars. The Louisiana Public Defender Board shall provide a detailed
7 report to the Louisiana Legislature prior to the 2016 Regular Session detailing how
8 the funds provided for by this Subsection were utilized in each judicial district.
9 Mayors' courts which are required to assess the court cost of thirty-five dollars on
10 June 7, 2012, shall continue to assess such amount as cost of court.
11 * * *
12 §168.1. Pretrial diversion programs; special court costs
13 A.(1) Notwithstanding any other provision of law, in all felony or
14 misdemeanor cases, including traffic offenses, a person who has entered into a
15 pretrial diversion agreement with a district attorney's office may be assessed the
16 special costs provided for by R.S. 15:168(B)(1) in the amount designated
17 therein.
18 (2) The amounts assessed pursuant to Paragraph (1) of this Subsection
19 shall be paid by money order or cashier's check made payable to the indigent
20 defender fund of the respective judicial district, and shall include the name of
21 the pretrial diversion participant and the date of the assessment.
22 B. The funds provided for in this Section, and any other self-generated
23 revenue and all interest or other income earned from the investment of such
24 funds and self-generated revenue, shall be retained in the judicial district and
25 shall be used and administered by the district public defender.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 406 Original 2016 Regular Session Lambert
Present law creates within each judicial district an indigent defender fund that is to be
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Coding: Words which are struck through are deletions from existing law;
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administered by the district public defender and is to be composed of funds provided for by
present law, as well as other funds as may be appropriated or otherwise made available to
it.
Proposed law retains present law.
Present law provides that every court of original criminal jurisdiction (except in the town of
Jonesville in the city of Plaquemine, and in mayors' courts in municipalities having a
population of less than 5,000) are to remit $45 to the district indigent defender fund for
present law violations, except parking violations, in which the defendant is convicted after
a trial, a plea of guilty or nolo contendere, or after forfeiting bond, and this amount is in
addition to all other fines, costs, or forfeitures imposed.
Proposed law retains present law.
Present law provides that the court cost of $45 expires on 8/1/16 and after that date will be
$35. Present law further provides that mayors' courts that are required to assess the court
cost of $35 on 6/7/12 are to continue to assess such amount as cost of court after 8/1/16.
Proposed law deletes these provisions of present law.
Present law provides that the La. Public Defender Board is to provide a detailed report to the
legislature prior to the 2016 Regular Session detailing how the funds provided for by present
law were utilized in each judicial district.
Proposed law deletes present law as the deadline for filing the report required by present law
has passed.
Proposed law provides that in all felony or misdemeanor cases, including traffic offenses,
a person who has entered into a pretrial diversion agreement with a district attorney's office
may be assessed the special costs provided for by present law in the amount designated in
present law.
Proposed law provides that the amounts assessed pursuant to proposed law are to be paid by
money order or cashier's check made payable to the indigent defender fund of the respective
judicial district, and must include the name of the pretrial diversion participant and the date
of the assessment.
Proposed law provides that the funds provided for in proposed law, as well as any other
self-generated revenue and all interest or other income earned from the investment of such
funds and self-generated revenue, are to be retained in the district and used and administered
by the district public defender.
Effective August 1, 2016.
(Amends R.S. 15:168(B)(1); adds R.S. 15:168.1)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.