HLS 19RS-1227 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 611 (Substitute for House Bill No. 255 by Representative Magee)
BY REPRESENTATIVE MAGEE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides relative to the payment of fines, fees, costs,
restitution, and other monetary obligations related to an offender's conviction
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 885.1 and Section 3 of Act No.
3 260 of the 2017 Regular Session of the Legislature as amended by Act Nos. 137 and
4 668 of the 2018 Regular Session of the Legislature, relative to the financial
5 obligations for criminal offenders; to provide relative to the court's authority to
6 suspend the driver's license of a defendant for failure to pay a criminal fine; to delay
7 the effective date of certain provisions in Act No. 260 of the 2017 Regular Session
8 of the Legislature which provided relative to the financial obligations for criminal
9 offenders; to provide relative to the payment of fines, fees, costs, restitution, and
10 other monetary obligations related to an offender's conviction; to require the court
11 to determine the offender's ability to pay the financial obligations imposed; to
12 authorize the court to waive, modify, or create a payment plan for the offender's
13 financial obligations; to provide relative to the court's authority to extend probation
14 under certain circumstances; to provide relative to the recovery of uncollected
15 monetary obligations at the end of a probation period; to provide for legislative
16 intent; to provide relative to the disbursement of collected payments; to authorize the
17 court to impose certain conditions in lieu of payment in certain situations; to provide
18 relative to the penalties imposed when an offender fails to make certain payments or
19 fails to appear for a hearing relative to missed payments; to require notice to an
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HB NO. 611
1 offender upon his failure to make certain payments; and to provide for related
2 matters.
3Be it enacted by the Legislature of Louisiana:
4 Section 1. Code of Criminal Procedure Article 885.1 is hereby amended and
5reenacted to read as follows:
6 Art. 885.1. Suspension of driving privileges; failure to pay criminal fines
7 A. When a fine is levied against a person convicted of any violation of the
8 Louisiana Highway Regulatory Act or any municipal or parish ordinance regulating
9 traffic in any municipality or in any parish, and the defendant is granted an extension
10 of time to pay the fine, the following shall apply:
11 (1) The judge of the court having jurisdiction may order the driver's license
12 of the defendant to be surrendered to the sheriff or official of the court designated to
13 collect fines for a period of time not to exceed one hundred eighty days.
14 (2) Upon receipt of a surrendered driver's license, the sheriff or official of
15 the court designated to collect fines shall issue a temporary permit for a period not
16 to exceed one hundred eighty days or for a period of time set forth by the judge
17 having jurisdiction. The temporary permits, the procedure for distributing such
18 permits, and the rules and regulations associated with such permits shall be the same
19 as devised by the Department of Public Safety and Corrections as required by R.S.
20 32:411.1.
21 (3) If, after expiration of one hundred eighty days, the defendant has not paid
22 the fine, the sheriff or the official of the court designated to collect fines shall
23 forward the license to the Department of Public Safety and Corrections. Upon
24 receipt of the defendant's surrendered driver's license, the department shall suspend
25 the driver's license of the defendant. The suspension shall begin when the
26 department receives written notification from the court, and the department shall
27 send immediate written notification to the defendant informing the defendant of the
28 suspension of driving privileges.
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HB NO. 611
1 B. When a fine is levied against a person convicted of any criminal offense,
2 including except for a conviction of any violation of the Louisiana Highway
3 Regulatory Act or any municipal or parish ordinance regulating traffic in any
4 municipality or in any parish, and the defendant is granted an extension of time to
5 pay the fine, the following shall apply:
6 (1) If, on motion of the defendant, the court finds that the defendant is able
7 but has wilfully refused to pay the fine, the judge of the court having jurisdiction
8 may order the driver's license to be surrendered to the sheriff or official of the court
9 collecting designated to collect fines for a period of time not to exceed one hundred
10 eighty days. If, after expiration of one hundred eighty days, the defendant has not
11 paid the fine, the sheriff or official of the court designated to collect fines shall
12 forward the license to the Department of Public Safety and Corrections.
13 B.(2) Upon receipt of a surrendered driver's license, the sheriff or court
14 official responsible for collection of such designated to collect fines shall issue a
15 temporary permit for a period not to exceed one hundred eighty days or for a period
16 of time set forth by the judge having jurisdiction. The temporary permits, the
17 procedure for distributing such permits, and the rules and regulations associated with
18 such permits shall be the same as devised by the Department of Public Safety and
19 Corrections as required by R.S. 32:411.1.
20 C.(3) If, after expiration of one hundred eighty days, the court, on motion of
21 the defendant, finds that the defendant remains able but has not paid wilfully refused
22 to pay the fine, the sheriff or official of the court designated to collect fines shall
23 forward the license to the Department of Public Safety and Corrections. Upon
24 receipt of the defendant's surrendered driver's license, the department shall suspend
25 the driver's license of the defendant. The suspension shall begin when the
26 department receives written notification from the court, and the department shall
27 send immediate written notification to the defendant informing him the defendant of
28 the suspension of driving privileges.
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HB NO. 611
1 D.C. The department shall not reinstate, return, reissue, or renew a driver's
2 license in its possession pursuant to this Article until upon payment of the fine and
3 any additional administrative cost, fee, or penalty required by the judge having the
4 jurisdiction and any other cost, fee, or penalty required by the department in
5 accordance with R.S. 32:414(H) or other applicable cost, fee, or penalty provision.
6 Section 2. Section 3 of Act No. 260 of the 2017 Regular Session of the Legislature
7as amended by Act Nos. 137 and 668 of the 2018 Regular Session of the Legislature is
8hereby amended and reenacted to read as follows:
9 Section 3. The provisions of this Act shall become effective on August 1,
10 2019 2021.
11 Section 3. The provisions of this Act shall become effective on August 1, 2019.
12 Section 4. It is the intent of the legislature that the changes made to Code of
13Criminal Procedure Article 885.1 in Act No. 260 of the 2017 Regular Session of the
14Legislature, as amended by Act Nos. 137 and 668 of the 2018 Regular Session of the
15Legislature, shall never go into effect and that the provisions of this Act shall control.
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 611 Original 2019 Regular Session Magee
Abstract: Provides relative to the court's authority to suspend a defendant's driver's license
for failure to pay a criminal fine and delays the effective date of certain provisions
of Act No. 260 of the 2017 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
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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.
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HB NO. 611
Proposed law amends present law provisions regarding the court's authority to suspend the
driver's license of the defendant to provide relative to the procedure by which a defendant's
driver's license may be suspended under the following circumstances:
(1)When a fine is levied against a person convicted of any violation of the La. Highway
Regulatory Act or any municipal or parish ordinance regulating traffic in any
municipality or in any parish, and the defendant is granted an extension of time to
pay the fine.
(2)When a fine is levied against a person convicted of any misdemeanor or felony
criminal offense, except for a conviction of any violation of the La. Highway
Regulatory Act or any municipal or parish ordinance regulating traffic in any
municipality or in any parish, and the defendant is granted an extension of time to
pay the fine and is able but has wilfully refused to pay the fine. Further provides
that the court's determination of whether the defendant is able but willfully refuses
to pay the fine shall be upon motion of the defendant.
(Amends C.Cr.P. Art. 885.1 and Act No. 260 of the 2017 R.S., ยง3, as amended by Act No.
137 and 668 of the 2018 R.S.)
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