HLS 18RS-583 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 669
BY REPRESENTATIVE MARCELLE
MTR VEHICLE/DRIVER LIC: Provides for a hold on the renewal of a operator's license
under certain circumstances
1 AN ACT
2To amend and reenact R.S. 32:57.1(A) and (B) and to enact R.S. 32:57.1(D), relative to the
3 status of an operator's license after failing to appear in court; to authorize a
4 magistrate or judge to issue a hold on the renewal of an operator's license rather than
5 a suspension; to prohibit the imposition of any fee for a hold on renewal; to provide
6 for rule promulgation; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:57.1(A) and (B) are hereby amended and reeanacted and R.S.
932:57.1(D) is hereby enacted to read as follows:
10 ยง57.1. Failure to honor written promise to appear; penalty; disposition of fines
11 A. Whenever an arrested person who was released on his written promise to
12 appear before a magistrate at the place and time specified in a summons described
13 in R.S. 32:391(B) fails to honor his written promise to appear, the magistrate or
14 judge of the court exercising jurisdiction shall have discretion to determine whether
15 to suspend or place a hold on the renewal of the operator's license of the arrested
16 person. The magistrate or judge shall immediately forward to the Department of
17 Public Safety and Corrections notice of the failure to appear, which shall include
18 with information necessary for identification of the arrested person and an indication
19 of whether the department is required to suspend or place a hold on the renewal of
20 the operator's license. Thereupon, unless the original charges have been disposed of,
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-583 ORIGINAL
HB NO. 669
1 the Department of Public Safety and Corrections shall immediately notify the
2 arrested person of the suspension or hold on renewal of his operator's license and the
3 imposition of a fifty-dollar fee, regardless of the disposition of the original charge.
4 The fifty-dollar fee shall not apply when a hold on renewal has been placed on the
5 operator's license. The Department of Public Safety and Corrections likewise shall
6 inform the arrested person that his operator's license cannot be renewed or reissued
7 until the forwarding court exercising jurisdiction certifies that he had honored the
8 appearance promise or paid an appropriate fine for the offense as determined by the
9 forwarding court exercising jurisdiction.
10 B. Whenever the arrested person makes an appearance as required by
11 Subsection A hereof or pays an appropriate fine for the offense committed, as
12 determined by the court, the prosecuting authority shall immediately notify the
13 Department of Public Safety and Corrections thereof. Upon such notification and
14 payment of an additional fifty dollars to the department, the operator's license of the
15 arrested person shall be renewed or reissued for the purpose of this Section. Twelve
16 dollars and fifty cents of the additional fine imposed by this Section shall be paid to
17 the court exercising jurisdiction, to be deposited in that court's criminal court fund
18 and to be used in the same manner as the other sums deposited in said fund. The
19 additional fifty dollar fee required by this Subsection shall not apply when a hold on
20 renewal has been placed on the operator's license.
21 * * *
22 D. The Department of Public Safety and Corrections, public safety services,
23 shall promulgate rules and regulations as are necessary to implement the provisions
24 of this Section.
25 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-583 ORIGINAL
HB NO. 669
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 669 Original 2018 Regular Session Marcelle
Abstract: Authorizes a magistrate or judge to issue a hold on renewal of an operator's
license in lieu of a suspension and prohibits the imposition of any fees for renewal
or reissuance of an operator's license that was held for renewal.
Present law requires that the magistrate or judge of the court exercising jurisdiction
immediately forward to the Dept. of Public Safety and Corrections notice of failure to appear
with information necessary for identification of the arrested person, which automatically
results in the suspension of an operator's license.
Proposed law authorizes the magistrate or judge, at his discretion, to determine whether to
suspend or place a hold on the renewal of the operator's license of the arrested person and
requires notice include an indication of whether a suspension or hold on renewal should be
placed on the operator's license but otherwise retains present law.
Present law requires that the department immediately notify the arrested person of the
suspension of his operator's license and the imposition of a $50 fee, regardless of the
disposition of the original charge.
Proposed law retains present law and requires the department to immediately notify the
arrested person of the suspension or hold on renewal of his operator's license. Also specifies
that the $50 fee does not apply when a magistrate or judge authorizes that a hold on renewal
be placed on the operator's license.
Present law requires that the prosecuting authority immediately notify the department when
the arrested person makes an appearance as required by present law or pays an appropriate
fee and requires the arrested person pay an additional $50 to the department for the renewal
or reissuance of his operator's license.
Proposed law retains present law and specifies that the additional $50 fee for the renewal or
reissuance of an operator's license does not apply when a hold on the renewal was placed on
the operator's license.
Proposed law requires the Dept. of Public Safety and Corrections, public safety services, to
promulgate rules and regulations as are necessary to implement the provisions of present law
and proposed law.
(Amends R.S. 32:57.1(A) and (B); Adds R.S. 32:57.1(D))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.