Louisiana 2019 2019 Regular Session

Louisiana House Bill HB502 Introduced / Bill

                    HLS 19RS-825	ORIGINAL
2019 Regular Session
HOUSE BILL NO. 502
BY REPRESENTATIVE EDMONDS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/FAMILY:  Provides relative to the collection and distribution of court costs by
the clerk of court for the Nineteenth Judicial District
1	AN ACT
2To amend and reenact R.S. 13:996.3(B) and to enact R.S. 46:2134(H), relative to the
3 collection and distribution of court costs by the clerk of court for the Nineteenth
4 Judicial District; to provide for distribution of costs into the judicial expense fund for
5 the Family Court for the parish of East Baton Rouge; to authorize the inspection of
6 records; to require the distribution of reimbursed expenses; to authorize the
7 collection of installment payments; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 13:996.3(B) is hereby amended and reenacted to read as follows: 
10 §996.3.  Judicial expense fund for the Family Court for the parish of East Baton
11	Rouge; established; disbursements 
12	*          *          *
13	B.  (1) Notwithstanding any other provision of law to the contrary, prior to
14 distributing funds to any other account, The the clerk of court shall each month place
15 all sums collected or received under this Section in a separate account to be
16 designated as the Judicial Expense Fund for the Family Court for the parish of East
17 Baton Rouge and submit to the Family Court for the parish of East Baton Rouge a
18 full accounting of all fees distributed into the fund.  The judges, en banc, of the
19 Family Court for the parish of East Baton Rouge shall have control over the fund and
20 all disbursements made therefrom.  They shall cause to be conducted annually an
Page 1 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-825	ORIGINAL
HB NO. 502
1 audit of the fund and the books and accounts relating thereto, and shall file the same
2 with the office of the legislative auditor, where it shall be available for public
3 inspection.
4	(2) The judges, en banc, of the Family Court for the parish of East Baton
5 Rouge may cause to be conducted inspections of the clerk of court's books and
6 records regarding the collection and receipt of all sums under this Section.
7	(3)  The clerk of court shall place in the Judicial Expense Fund for the Family
8 Court for the parish of East Baton Rouge reimbursement for any administrative
9 expenses incurred by the Family Court for the Parish of East Baton Rouge associated 
10 with proceedings conducted pursuant to R.S. 46:2134.  
11 Section 2.  R.S. 46:2134(H) is hereby enacted to read as follows:
12 §2134.  Petition: court costs
13	*          *          *
14	H. The clerk of court of the Nineteenth Judicial District may collect
15 installment payments for costs associated with the filing of the petition or the
16 issuance of a temporary restraining order or protective order pursuant to R.S.
17 46:2134.
18 Section 3.  This Act shall become effective upon signature by the governor or, if not
19signed by the governor, upon expiration of the time for bills to become law without signature
20by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
21vetoed by the governor and subsequently approved by the legislature, this Act shall become
22effective on the day following such approval.
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 502 Original 2019 Regular Session	Edmonds
Abstract: Requires the clerk of court of the 19
th
 Judicial District to distribute funds to the 
Judicial Expense Fund for the Family Court for the parish of East Baton Rouge on
a monthly basis with a full accounting and reimburse the Court for expenses incurred
in association with domestic violence cases. Authorizes the Court to inspect the
Page 2 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-825	ORIGINAL
HB NO. 502
clerk's records. Authorizes the clerk to collect costs in domestic violence cases in installments.
Present law (R.S. 13:996.3) provides that for all cases on the docket of the Family Court for
the parish of East Baton Rouge, the clerk of court of the 19
th
 Judicial District shall collect
a fee of up to $25 to be payable to the Family Court. The clerk shall place such sums
collected or received in a Judicial Expense Fund for the Family Court. 
Proposed law requires the clerk of court to distribute those funds once a month prior to the
distribution of funds to any other account and provide an accounting of all funds distributed. 
Present law (R.S. 46:2134) provides that a petitioner shall not be required to prepay or be
cast with court costs or the cost of service or subpoena for the filing of the petition or the
issuance of a temporary restraining order or protective order in domestic violence cases.
Proposed law authorizes the clerk of court of the 19
th
 Judicial District to collect installment
payments for such costs. 
Proposed law further requires the clerk to reimburse any administrative expenses incurred
by the Family Court for the Parish of East Baton Rouge associated with domestic violence
cases. 
 
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:996.3(B); Adds R.S. 46:2134(H))
Page 3 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.