Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB406 Comm Sub / Analysis

                    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 Ashley
Menou.
DIGEST
SB 406 Engrossed	2016 Regular Session	Lambert
Present law creates within each judicial district an indigent defender fund that is to be 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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:168(B)(1))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the bill
1. Deletes provisions allowing a person who has entered into a pretrial diversion agreement with a district attorney's office to be assessed special court costs.
2. Deletes provision requiring any special court costs collected from a person in a
pretrial diversion agreement be paid to the indigent defender fund of the judicial
district of the pretrial diversion participant to be administered by the district public
defender.
3. Changes the effective date from August 1, 2016 to upon signature of the governor.