GREEN SHEET REDIGEST
HB 611 2019 Regular Session Magee
CRIMINAL/PROCEDURE: Provides relative to the payment of fines, fees, costs,
restitution, and other monetary obligations related to an offender's conviction.
DIGEST
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.
(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, for
certain present law vehicular offenses, 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.
(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)For certain present law vehicular offenses, 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Make certain provisions of proposed law applicable only to certain present law
vehicular offenses.