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 Engrossed 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.
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))