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.
(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.)