HLS 19RS-897 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 397
BY REPRESENTATIVE BAGNERIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PENALTIES: Prohibits the suspension of a driver's license of a defendant who
is financially unable to pay a criminal fine
1 AN ACT
2To enact Code of Criminal Procedure Article 885.1(E), relative to suspension of driving
3 privileges; to provide relative to the surrender of driver's licenses of persons who fail
4 to pay criminal fines; to prohibit the court from ordering the surrender of a driver's
5 license of a person who is financially unable to pay; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 885.1(E) is hereby enacted to read
9as follows:
10 Art. 885.1. Suspension of driving privileges; failure to pay criminal fines
11 * * *
12 E. Notwithstanding any provision of law to the contrary, if the person against
13 whom the fine is levied is financially unable to pay the fine, the provisions of this
14 Article shall not apply and the judge of the court shall not order that the person's
15 driver's license be surrendered for failure to pay such fine.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-897 ORIGINAL
HB NO. 397
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 397 Original 2019 Regular Session Bagneris
Abstract: Prohibits the court from suspending the driver's license of a defendant who has
failed to pay a criminal fine if the defendant is financially unable to pay the fine.
Present law (C.Cr.P. Art. 885.1) provides that when a fine is levied against a person
convicted of any criminal offense, including any violation of the La. Highway Regulatory
Act or any municipal or parish ordinance regulating traffic, and the defendant is granted an
extension of time to pay the fine, the judge of the court having jurisdiction may order the
driver's license to be surrendered to the sheriff or official of the court collecting fines for a
period of time not to exceed 180 days. If, after expiration of 180 days, the defendant has not
paid the fine, the sheriff or official of the court designated to collect fines shall forward the
license to the Dept. of Public Safety and Corrections (DPS&C).
Act No. 260 of the 2017 R.S. amends present law to authorize the surrender of a defendant's
driver's license only when the defendant is able but has willfully refused to pay the fine.
Pursuant to Act No. 260 of the 2017 R.S. and Act No. 137 of the 2018 R.S., these changes
to present law become effective Aug. 1, 2019.
Proposed law retains present law, including the change made by Act No. 260 of the 2017
R.S., and provides that notwithstanding any provision of law to the contrary, if the person
against whom the fine is levied is financially unable to pay the fine, the provisions of present
law shall not apply and the judge of the court shall not order that the person's driver's license
be surrendered for failure to pay such fine.
(Adds C.Cr.P. Art. 885.1(E))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.