HLS 19RS-766 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 255
BY REPRESENTATIVE MAGEE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides relative to the payment of fines, fees, costs,
restitution, and other monetary obligations related to an offender's conviction
1 AN ACT
2To amend and reenact Section 3 of Act No. 260 of the 2017 Regular Session of the
3 Legislature as amended by Act Nos. 137 and 668 of the 2018 Regular Session of the
4 Legislature, relative to the financial obligations for criminal offenders; to delay the
5 effective date of certain provisions in Act No. 260 of the 2017 Regular Session of the
6 Legislature which provided relative to the financial obligations for criminal
7 offenders; to provide for the effective date of provisions in Act No. 260 of the 2017
8 Regular Session of the Legislature regarding the court's authority to suspend the
9 driver's license of a defendant who willfully refuses to pay a criminal fine; to provide
10 relative to the payment of fines, fees, costs, restitution, and other monetary
11 obligations related to an offender's conviction; to require the court to determine the
12 offender's ability to pay the financial obligations imposed; to authorize the court to
13 waive, modify, or create a payment plan for the offender's financial obligations; to
14 provide relative to the court's authority to extend probation under certain
15 circumstances; to provide relative to the recovery of uncollected monetary
16 obligations at the end of a probation period; to provide for legislative intent; to
17 provide relative to the disbursement of collected payments; to authorize the court to
18 impose certain conditions in lieu of payment in certain situations; to provide relative
19 to the penalties imposed when an offender fails to make certain payments or fails to
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-766 ORIGINAL
HB NO. 255
1 appear for a hearing relative to missed payments; to require notice to an offender
2 upon his failure to make certain payments; and to provide for related matters.
3Be it enacted by the Legislature of Louisiana:
4 Section 1. Section 3 of Act No. 260 of the 2017 Regular Session of the Legislature
5as amended by Act Nos. 137 and 668 of the 2018 Regular Session of the Legislature is
6hereby amended and reenacted to read as follows:
7 Section 3. 3(A). The Except as provided in Subsection B of this Section, the
8 provisions of this Act shall become effective on August 1, 2019 2021.
9 (B) The provisions of Section 1 of this Act amending Code of Criminal
10 Procedure Article 885.1 shall become effective on August 1, 2019.
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 255 Original 2019 Regular Session Magee
Abstract: Except for certain provisions relative to the authority to suspend a defendant's
driver's license, delays the effective date of Act No. 260 of the 2017 R.S., as
amended by Act Nos. 137 and 668 of the 2018 R.S., relative to the financial
obligations for criminal offenders, to August 1, 2021.
Act No. 260 of the 2017 R.S. makes changes to present law relative to the financial
obligations of criminal offenders, including but not limited to the following:
(1)Provides that notwithstanding any provision of present law, 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. This determination cannot be waived by the defendant.
(2)Provides that "substantial financial hardship" has the same meaning as defined by
present law (R.S. 15:175) relative to determinations of indigence for purposes of
appointment of counsel and defines "financial obligation" as any fine, fee, cost,
restitution, or other monetary obligation authorized by present law and imposed upon
the defendant as part of a criminal sentence, incarceration, or as a condition of the
defendant's release on probation or parole.
(3)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, requires the court to either waive all or any
portion of the financial obligations or order a payment plan that requires the
defendant to make a monthly payment to fulfill the financial obligations.
(4)In cases where restitution has been ordered, provides that half of the defendant's
monthly payment shall be distributed toward the defendant's restitution obligation.
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HB NO. 255
(5)Provides that during any periods of unemployment, homelessness, or other
circumstances in which the defendant is unable to make the monthly payment, the
court or the defendant's probation and parole officer is authorized to impose a
payment alternative, including but not limited to any of the following: substance
abuse treatment, education, job training, or community service.
(6)If the defendant's circumstances and ability to pay change, authorizes the court, upon
motion of the defendant or his attorney, to reevaluate the defendant's ability to
continue the monthly payments and either waive or modify the defendant's financial
obligation, or recalculate the amount of the monthly payment.
(7)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.
(8)Amends present law to provide that if it is determined, pursuant to proposed law, 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 defendant cannot be imprisoned for failure to pay fines or costs
imposed as part of the sentence.
(9)Prohibits the court from extending a defendant's probation for the purpose of
collecting any unpaid monetary obligation but allows the court to refer the unpaid
monetary obligation to the office of debt recovery pursuant to present law (R.S.
47:1676). Further amends the present law definition of "agency" to include courts
solely for the purpose of recovering unpaid monetary obligations that remain at the
end of the defendant's probation period.
(10)If a court authorizes a payment plan pursuant to proposed law and the defendant fails
to make a payment, requires the court to serve the defendant with a citation for a rule
to show cause why the defendant should not be found in contempt of court and
provides the information that must be included in the notice.
Act No. 260 of the 2017 R.S. further provided that these changes to present law shall be
effective Aug. 1, 2018.
In the 2018 R.S., Act Nos. 137 and 668 delayed the effective date of these changes from
Aug. 1, 2018, to Aug. 1, 2019.
Proposed law delays the effective date of these provisions for two additional years from
Aug. 1, 2019, to Aug. 1, 2021, except for certain changes made to present law (C.Cr.P. Art.
885.1) provisions regarding to the court's authority to suspend the driver's license of the
defendant which shall be effective, pursuant to proposed law, on Aug. 1, 2019.
(Amends Act No. 260 of the 2017 R.S., ยง3, as amended by Act No. 137 and 668 of the 2018
R.S.)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.