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 Reengrossed 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 if restitution is owed as a condition of probation, the amount owed
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. A form for the judgment shall
be submitted by the district attorney to the sentencing judge for signature. The clerk shall record the
judgment without charge to the person to whom the restitution is owed, and 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.
Proposed law delays the effective date of Act No. 260 of the 2017 R.S. until Aug. 1, 2019. (Amends C.Cr.P. Art. 875.1)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Delay the effective date of Act No. 260 of the 2017 R.S. until Aug. 1, 2019.
2. Amend provisions relative to any outstanding balance of unpaid restitution to provide for
the following:
(a)If restitution is ordered as a condition of probation, require the entire amount of
restitution to be reduced to a civil money judgement in favor of the person to
whom restitution is owed instead of reducing to a civil money judgment the
balance owed at the end of the defendant's term of supervision.
(b)Require the district attorney to submit a form for the civil money judgment to the
sentencing judge for signature.
(c)Require the clerk of court to record the judgment without charge to the person to
whom restitution is to be paid.