RÉSUMÉ DIGEST
ACT 111 (HB 397) 2019 Regular Session Bagneris
Prior law (C.Cr.P. Art. 885.1) provided that when a fine was 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 was granted
an extension of time to pay the fine, the judge of the court having jurisdiction was authorized
to 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 had not paid the fine, prior law required the sheriff or official of the court
designated to collect fines to forward the license to the Dept. of Public Safety and
Corrections.
Act No. 260 of the 2017 R.S. previously amended prior law to authorize the surrender of a
defendant's driver's license only when the defendant was able but had 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 prior law were to become effective August 1, 2019.
New law does all of the following:
(1)Amends prior law to provide that upon a showing by the defendant that he is
financially unable to pay at the expiration of the extended period granted by the court
under existing law, the court shall grant the person an extension of time, not to
exceed 180 days, in which to pay the fine, or offer the person, in lieu of paying the
fine, the alternative of performing community service as set by the judge.
(2)Amends prior law to provide that if, at the expiration of the 180-day period granted
by the judge, the judge determines that the defendant has either willfully not paid the
fine or has not performed the community service, the judge may do either of the
following:
(a)For any offense that involves the operation of any motor vehicle, aircraft,
watercraft, or other means of conveyance as a necessary element of proof in
the commission of the offense, order the person's driver's license to be
surrendered to the sheriff or official of the court collecting fines.
(b)Grant the person an extension of time to either pay the fine or perform the
community service.
(3)Retains the existing law provisions regarding the duties of the Dept. of Public Safety
and Corrections, the sheriff, and the official of the court designated to collect fines.
(4)Prohibits the court from suspending the driver's license of a defendant unless the
court determines that the defendant is able but has willfully refused to pay the fine
or perform community service.
(5)Provides that the changes made to prior law (C.Cr.P. Art. 885.1) by Act No. 260 of
the 2017 R.S., as amended by Act Nos. 137 and 668 of the 2018 R.S., shall never go
into effect and that the provisions of new law shall control.
Effective August 1, 2019.
(Adds C.Cr.P. Art. 885.1)