HLS 18RS-540 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 111
BY REPRESENTATIVES MACK, BAGNERIS, CARPENTER, CREWS, DWIGHT,
HAZEL, HODGES, HOWARD, MARCELLE, MARINO, MUSCARELLO,
NORTON, AND PYLANT
CRIMINAL/RESTITUTION: Provides relative to the payment of restitution to the victim
of a crime
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 875.1, relative to restitution; to
3 provide relative to payment of restitution to the victim of a crime; to prohibit the
4 waiver and forgiveness of a defendant's financial obligations that are designated as
5 restitution; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 875.1 is hereby amended and
8reenacted to read as follows:
9 Art. 875.1. Determination of substantial financial hardship to the defendant
10 A. The purpose of imposing financial obligations on an offender who is
11 convicted of a criminal offense is to hold the offender accountable for his action, to
12 compensate victims for any actual pecuniary loss or costs incurred in connection
13 with a criminal prosecution, to defray the cost of court operations, and to provide
14 services to offenders and victims. These financial obligations should not create a
15 barrier to the offender's successful rehabilitation and reentry into society. Financial
16 obligations in excess of what an offender can reasonably pay undermine the primary
17 purpose of the justice system which is to deter criminal behavior and encourage
18 compliance with the law. Financial obligations that cause undue hardship on the
19 offender should be waived, modified, or forgiven. Creating a payment plan for the
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HB NO. 111
1 offender that is based upon the ability to pay, results in financial obligations that the
2 offender is able to comply with and often results in more money collected. Offenders
3 who are consistent in their payments and in good faith try to fulfill their financial
4 obligations should be rewarded for their efforts.
5 B. For purposes of this Article, "financial obligations" shall include any fine,
6 fee, cost, restitution, or other monetary obligation authorized by this Code or by the
7 Louisiana Revised Statutes of 1950 and imposed upon the defendant as part of a
8 criminal sentence, incarceration, or as a condition of the defendant's release on
9 probation or parole.
10 C.(1) Notwithstanding any provision of law to the contrary, prior to ordering
11 the imposition or enforcement of any financial obligations as defined by this Article,
12 the court shall determine whether payment in full of the aggregate amount of all the
13 financial obligations to be imposed upon the defendant would cause substantial
14 financial hardship to the defendant or his dependents.
15 (2) The defendant may not waive the judicial determination of a substantial
16 financial hardship required by the provisions of this Paragraph.
17 D.(1) If the court determines that payment in full of the aggregate amount
18 of all financial obligations imposed upon the defendant would cause substantial
19 financial hardship to the defendant or his dependents, the court shall do either of the
20 following:
21 (a) Waive all or any portion of the financial obligations, except for any
22 financial obligation designated as restitution due to a victim.
23 (b) Order a payment plan that requires the defendant to make a monthly
24 payment to fulfill the financial obligations.
25 (2)(a) The amount of each monthly payment for the payment plan ordered
26 pursuant to the provisions of Subsubparagraph (1)(b) of this Paragraph shall be equal
27 to the defendant's average gross daily income for an eight-hour work day.
28 (b) If the court has ordered restitution, half of the defendant's monthly
29 payment shall be distributed toward the defendant's restitution obligation.
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1 (c) During any periods of unemployment, homelessness, or other
2 circumstances in which the defendant is unable to make the monthly payment, the
3 court or the defendant's probation and parole officer is authorized to impose a
4 payment alternative, including but not limited to any of the following: substance
5 abuse treatment, education, job training, or community service.
6 (3) If, after the initial determination of the defendant's ability to fulfill his
7 financial obligations, the defendant's circumstances and ability to pay his financial
8 obligations change, the defendant or his attorney may file a motion with the court to
9 reevaluate the defendant's circumstances and determine, in the same manner as the
10 initial determination, whether under the defendant's current circumstances payment
11 in full of the aggregate amount of all the financial obligations imposed upon the
12 defendant would cause substantial financial hardship to the defendant or his
13 dependents. Upon such motion, if the court determines that the defendant's current
14 circumstances would cause substantial financial hardship to the defendant or his
15 dependents, the court may either waive or modify the defendant's financial
16 obligation, or recalculate the amount of the monthly payment made by the defendant
17 under the payment plan set forth in Subsubparagraph (1)(b) of this Paragraph.
18 E. If a defendant is ordered to make monthly payments under a payment plan
19 established pursuant to the provisions of Subsubparagraph (D)(1)(b) of this Article,
20 the defendant's outstanding financial obligations, except for a financial obligation
21 designated as restitution, resulting from his criminal conviction are forgiven and
22 considered paid-in-full if the defendant makes consistent monthly payments for
23 either twelve consecutive months or consistent monthly payments for half of the
24 defendant's term of supervision, whichever is longer.
25 F. If, at the termination or end of the defendant's term of supervision, any
26 restitution ordered by the court remains outstanding, the balance of the unpaid
27 restitution shall be reduced to a civil money judgment in favor of the person to whom
28 restitution is owed that may be enforced in the same manner as provided for the
29 execution of judgments in the Louisiana Code of Civil Procedure. For any civil
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1 money judgment ordered under this Article, the clerk shall send notice of the
2 judgment to the last known address of the person to whom the restitution was
3 ordered to be paid.
4 G. The provisions of this Article shall apply only to defendants convicted of
5 offenses classified as felonies under applicable law.
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 111 Engrossed 2018 Regular Session Mack
Abstract: Provides relative to the defendant's payment of certain financial obligations
designated as restitution.
Present law (C.Cr.P. Art. 875.1, as enacted by Act No. 260 of the 2017 R.S., effective Aug.
1, 2018) provides that, beginning Aug. 1, 2018, prior to ordering the imposition of any
financial obligation, the court shall determine whether payment in full of the aggregate
amount of all the financial obligations imposed upon the defendant would cause substantial
financial hardship to the defendant or his dependents.
Present law further provides for the following in this regard:
(1)If the court determines that payment in full of the aggregate amount of all financial
obligations imposed upon the defendant would cause substantial financial hardship
to the defendant or his dependents, the court shall either waive all or any portion of
the financial obligation or order a payment plan that requires the defendant to make
a monthly payment to fulfill the obligations.
(2)Provides that the defendant's outstanding financial obligations may be forgiven and
considered paid-in-full if the defendant makes consistent monthly payments for
either 12 consecutive months or consistent monthly payments for half of the
defendant's term of supervision, whichever is longer.
Proposed law amends present law (C.Cr.P. Art. 875.1, as enacted by Act No. 260 of the 2017
R.S., effective Aug. 1, 2018) to provide that the portion of the defendant's financial
obligations that is designated as restitution due to a victim shall not be waived or forgiven
pursuant to present law.
Finally, proposed law provides that any outstanding balance of unpaid restitution at the end
of a defendant's term of supervision shall be reduced to a civil money judgement that may
be enforced in the same manner as provided for the execution of judgments in the La. Code
of Civil Procedure. Notice of the judgment shall be sent by the clerk to the last known
address of the person to whom the restitution was ordered to be paid.
(Amends C.Cr.P. Art. 875.1)
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