HLS 19RS-1227 REENGROSSED
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
7 authorize the court to grant an extension of time to pay the fine; to authorize the
8 court to order the performance of community service in lieu of payment of the fine;
9 to provide relative to the effectiveness of changes made to Code of Criminal
10 Procedure Article 885.1 by Act No. 260 of the 2017 Regular Session of the
11 Legislature; to delay the effective date of certain provisions in Act No. 260 of the
12 2017 Regular Session of the Legislature which provided relative to the financial
13 obligations for criminal offenders; to provide relative to the payment of fines, fees,
14 costs, restitution, and other monetary obligations related to an offender's conviction;
15 to require the court to determine the offender's ability to pay the financial obligations
16 imposed; to authorize the court to waive, modify, or create a payment plan for the
17 offender's financial obligations; to provide relative to the court's authority to extend
18 probation under certain circumstances; to provide relative to the recovery of
19 uncollected monetary obligations at the end of a probation period; to provide for
20 legislative intent; to provide relative to the disbursement of collected payments; to
21 authorize the court to impose certain conditions in lieu of payment in certain
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HB NO. 611
1 situations; to provide relative to the penalties imposed when an offender fails to
2 make certain payments or fails to appear for a hearing relative to missed payments;
3 to require notice to an offender upon his failure to make certain payments; and to
4 provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 885.1 is hereby amended and
7reenacted to read as follows:
8 Art. 885.1. Suspension of driving privileges; failure to pay criminal fines
9 A. When a fine is levied against a person convicted of any criminal offense,
10 including any violation of the Louisiana Highway Regulatory Act or any municipal
11 or parish ordinance regulating traffic, in any municipality or in any parish and the
12 court grants the defendant is granted an extension of time to pay the fine, if at the
13 expiration of the extended period granted by the court, the defendant shows that he
14 is financially unable to pay the fine, the judge of the court having jurisdiction may
15 order shall grant the person an extension of time, not to exceed one hundred eighty
16 days, in which to pay the fine, or offer the person, in lieu of paying the fine, the
17 alternative of performing community service as set by the judge.
18 B. If, at the expiration of the one-hundred-eighty-day period granted by the
19 judge pursuant to Paragraph A of this Article, the judge determines that the
20 defendant has either willfully not paid the fine or has not performed the community
21 service, the judge may do either of the following:
22 (1) Order the person's driver's license to be surrendered to the sheriff or
23 official of the court collecting fines, and for a period of time not to exceed one
24 hundred eighty days. If, after expiration of one hundred eighty days, the defendant
25 has not paid the fine, the sheriff or official of the court designated to collect fines
26 shall forward the license to the Department of Public Safety and Corrections.
27 (2) Grant the person an extension of time to either pay the fine or perform
28 the community service.
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HB NO. 611
1 B. Upon receipt of a surrendered driver's license, the sheriff or court official
2 responsible for collection of such fines shall issue a temporary permit for a period
3 not to exceed one hundred eighty days or for a period of time set forth by the judge
4 having jurisdiction. The temporary permits, the procedure for distributing such
5 permits, and the rules and regulations associated with such permits shall be the same
6 as devised by the Department of Public Safety and Corrections as required by R.S.
7 32:411.1.
8 C. If, after expiration of one hundred eighty days, the defendant has not paid
9 the fine, the sheriff or official of the court designated to collect fines shall forward
10 the license to the Department of Public Safety and Corrections. Upon If the person's
11 license is surrendered pursuant to Paragraph (B)(1) of this Article, upon receipt of
12 the defendant's surrendered driver's license, the department shall suspend the driver's
13 license of the defendant. The suspension shall begin when the department receives
14 written notification from the court, and the department shall send immediate written
15 notification to the defendant informing him of the suspension of driving privileges.
16 D. The department shall not reinstate, return, reissue, or renew a driver's
17 license in its possession pursuant to this Article until payment of the fine and any
18 additional administrative cost, fee, or penalty required by the judge having the
19 jurisdiction and any other cost, fee, or penalty required by the department in
20 accordance with R.S. 32:414(H) or other applicable cost, fee, or penalty provision.
21 Section 2. Section 3 of Act No. 260 of the 2017 Regular Session of the Legislature
22as amended by Act Nos. 137 and 668 of the 2018 Regular Session of the Legislature is
23hereby amended and reenacted to read as follows:
24 Section 3. The provisions of this Act shall become effective on August 1,
25 2019 2021.
26 Section 3. The provisions of this Act shall become effective on August 1, 2019.
27 Section 4. It is the intent of the legislature that the changes made to Code of
28Criminal Procedure Article 885.1 by Act No. 260 of the 2017 Regular Session of the
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HB NO. 611
1Legislature, as amended by Act Nos. 137 and 668 of the 2018 Regular Session of the
2Legislature, 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 Reengrossed 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
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.
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HB NO. 611
(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.
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.
In this regard, present law (C.Cr.P. Art. 885.1) does the following:
(1)Provides that 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 and shall issue a temporary permit for a
period not to exceed 180 days or for a period of time set forth by the judge having
jurisdiction.
(2)Provides that upon receipt of the defendant's surrendered driver's license, the Dept.
of Public Safety and Corrections shall suspend the driver's license of the defendant,
and further provides that the department shall not reinstate, return, reissue, or renew
a driver's license in its possession until payment of the fine and other applicable
costs, fees, or penalties.
Proposed law does all of the following:
(1)Amends present 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 present 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.
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(2)Amends present 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) 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 present 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.
(Amends C.Cr.P. Art. 885.1 and Act No. 260 of the 2017 R.S., ยง3, as amended by Act Nos.
137 and 668 of the 2018 R.S.)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Provide that the court's authority to suspend the driver's license of the defendant
or to grant an extension of time to pay the fine is dependent upon a showing by
the defendant of his financial ability to pay, regardless of whether the defendant
was convicted of a criminal offense or of a violation of a traffic law or ordinance.
2. Authorize the court to grant a defendant who is financially unable pay an
extension of time to pay the fine or offer the defendant the alternative of
performing community service.
3. At the expiration of the extended period of time to pay the fine or perform the
community service, authorize the judge to grant additional time or order the
defendant's driver's license to be surrendered if the judge determines that the
defendant has either willfully not paid the fine or has not performed the
community service.
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