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 842 Engrossed 2020 Regular Session Hilferty
Abstract: Provides relative to court costs and fees assessed in the parish of Orleans.
Present law (R.S. 13:1377) requires any defendant, other than an indigent, who pleads guilty or is
convicted of an offense by the Criminal District Court for the Parish of Orleans to be assessed costs
of court not to exceed the sum of $100, such costs to be in addition to any fine, clerk's fees, or
sentence imposed by the court. When any defendant, other than an indigent, fails to pay such costs,
present law requires the defendant to be sentenced to a term of 30 days in the parish prison.
Present law (R.S. 13:1377) provides that when any bail bond posted in the Criminal District Court
for the Parish of Orleans guaranteeing the appearance of any defendant in any case in the Criminal
District Court for the Parish of Orleans has been forfeited, the surety company or its local agent or
insurance company for which the agent is writing bail bonds shall be assessed costs in the sum of
$25.
Present law (R.S. 13:1377) provides that these present law costs shall be collected by the judicial
administrator of the criminal district court of the parish of Orleans and deposited in a bank or banks
in the city of New Orleans to be credited to a special fund to be designated as the Criminal Court
Cost Fund. Present law provides that the Criminal Court Cost Fund is administered by the judges
of the Criminal District Court for the Parish of Orleans and is to be expended to assist in the
operation and maintenance of the Criminal District Court for the Parish of Orleans, Criminal Courts
Building, and to assist in the operation of the offices of the various officials and agencies which
maintain offices in the building.
Proposed law repeals present law (R.S. 13:1377).
Present law (R.S. 13:1381.2) requires any defendant, other than an indigent, who pleads guilty or is
convicted of an offense by the Criminal District Court for the Parish of Orleans to be assessed a fee
of not less than $25, such costs to be in addition to any fine, clerk's fees, costs due to the Criminal
Court Cost Fund, or sentence imposed by the court. Present law provides that when any defendant,
other than an indigent, fails to pay the costs, the defendant shall be sentenced to a term of 30 days
in the parish prison.
Proposed law repeals the provision which requires the defendant to be sentenced to a term of 30 days
in parish prison for the failure to pay the $25 cost.
Present law (R.S. 13:1381.4) provides that in all criminal cases over which the Criminal District Court for Orleans Parish has original, appellate, supervisory, or concurrent jurisdiction, including
traffic violations other than parking, there shall be taxed as costs against every defendant who is
convicted after trial or plea of guilty or nolo contendere or who forfeits his bond the sum of $5,
which shall be in addition to all other fines, costs, or forfeitures lawfully imposed and which shall
be transmitted to the judicial administrator of the Criminal District Court for Orleans Parish.
In addition, present law (R.S. 13:1381.4) authorizes the court, in addition to all other fines, costs,
or forfeitures, to impose an additional cost against any defendant who has been finally convicted of
a misdemeanor, excluding traffic violations, or a felony. The additional costs shall not exceed $500
in the case of a misdemeanor nor exceed $2,500 in the case of a felony. All such sums collected
shall be transmitted to the judicial administrator for further disposition.
Present law (R.S. 13:1381.4) requires the judicial administrator of the Criminal District Court for
Orleans Parish to place all sums collected or received under present law (R.S. 13:1381.4) in a
separate account to be designated as the judicial expense fund for the Criminal District Court for
Orleans Parish.
Present law (R.S. 13:1381.4) establishes the judicial expense fund to be used for any purpose
connected with, incidental to, or related to the proper administration or function of the court or the
office of the judges and is in addition to any and all other funds, salaries, expenses, or other monies
that are provided, authorized, or established by law.
Proposed law repeals the required present law (R.S. 13:1381.4) assessment of $5 and the court's
present law (R.S. 13:1381.4) authority to impose an additional cost of up to $500 for misdemeanors
and up to $2,500 for felonies.
Proposed law repeals the court's authority to use the judicial expense fund in addition to any and all
other funds, salaries, expenses, or other monies that are provided, authorized, or established by law.
Proposed law retains the present law requirement that the judges of the court shall cause to be
conducted annually an audit of the fund and the books and accounts relating thereto and shall file
the same with the office of the legislative auditor where it shall be available for public inspection.
Further retains the present law provision which prohibits any judge's salary from being paid from the
judicial expense fund.
Present law (R.S. 13:1381.5) requires all funds collected and deposited in the Orleans Parish
administration of criminal justice fund to be distributed as specified by present law, including a
requirement that 40% of all funds received be distributed to the Orleans Parish criminal district
court's judicial expense fund.
Proposed law retains present law but provides that the 40% distribution shall be split equally
between the city of New Orleans and the Clerk of the Criminal District Court Expense Fund instead
of the Orleans Parish criminal district court's judicial expense fund.
Proposed law also provides that the funds received by the court shall be deposited into a special escrow account and retained for one year before being distributed to the city of New Orleans to be
used in defraying the expenses of the criminal justice system in Orleans Parish.
When a defendant is convicted after trial, enters a plea of guilty or nolo contendere, or forfeits bond,
present law (R.S. 15:168) requires every court of original criminal jurisdiction to assess a special
cost of $45 to be remitted to the district indigent defender fund.
Proposed law retains present law with respect to all courts of original criminal jurisdiction in
parishes other than Orleans Parish, and amends present law to authorize instead of requiring the
assessment in courts of original criminal jurisdiction in Orleans Parish.
Present law (R.S. 15:571.11) provides that all fines and forfeitures, including forfeitures of criminal
bail bonds, imposed in criminal cases and prosecutions by the courts of Orleans Parish and any
payments ordered as a condition of probation shall, upon collection, be paid to the criminal sheriff
of Orleans Parish who shall deposit same in a special account, and shall thereafter be divided equally
between the district attorney of Orleans Parish and the Criminal District Court of Orleans Parish in
two special accounts, one account to be administered by the judges of the Criminal District Court
of Orleans Parish, and the other account to be administered by the district attorney of Orleans Parish
to be used in defraying the expenses of the criminal courts of the parish, extraditions, and such other
expenses pertaining to the operation of the Criminal District Court of Orleans Parish and the office
of the district attorney of Orleans Parish.
Proposed law amends present law to provide that the funds shall be equally divided between the
district attorney of Orleans Parish and, instead of the Criminal District Court of Orleans Parish, the
city of New Orleans. Further provides that the funds shall be used to defray the expenses of the
criminal justice system of the parish instead of the expenses of the criminal courts.
Proposed law provides that the portion of the funds dispersed to the district attorney of Orleans
Parish shall be deposited into a special account to be administered in accordance with present law
provisions.
Proposed law provides that the portion of funds dispersed to the Criminal District Court of Orleans
Parish pursuant to present law shall be deposited into a special escrow account and retained for one
year before being disbursed to the city of New Orleans to be used in defraying the expenses of the
criminal justice system of the parish, extraditions, and other expenses pertaining to the operation of
the criminal justice system of Orleans Parish.
Present law (R.S. 16:16.3) provides that in all criminal cases over which the district attorney's office
in Orleans Parish has jurisdiction, there shall be taxed as costs against every defendant who is
convicted after trial or after he pleads guilty or who forfeits his bond a nonrefundable sum of $20,
which shall be in addition to all other fines, costs, or forfeitures lawfully imposed.
Proposed law authorizes instead of requires the imposition of this present law $20 cost.
Present law (R.S. 22:822) requires a fee on premiums for all commercial surety underwriters who write criminal bail bonds in the state of La. and provides that all premium fees collected by the
sheriff shall be remitted within 60 days after receipt. In Orleans Parish, present law requires two
dollars of the three dollars collected for each $100 worth of liability underwritten by the commercial
surety on all premium fees collected by the sheriff to be maintained, supervised, and distributed as
provided in present law (R.S. 13:1381.5) and the one additional dollar of the three dollars collected
for each $100 worth of liability underwritten by the commercial surety shall be allocated to the
Criminal District Court for the Parish of Orleans.
Proposed law removes the present law provision regarding fees on premiums for commercial surety
underwriters in Orleans Parish to conform to present law.
Proposed law amends present law to provide that all two of the dollars collected for each $100 worth
of liability underwritten by the commercial surety on all premium fees are to be maintained,
supervised, and distributed as provided in present law (R.S. 13:1381.5).
(Amends R.S. 13:1381.2(A), 1381.4, and 1381.5(B)(2)(a), R.S. 15:168(B)(1) and 571.11(D), R.S.
16:16.3(A), and R.S. 22:822(A) and (B)(3); Adds R.S. 13:1381.5(B)(2)(e); Repeals R.S. 13:1377)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original bill:
1. Make technical changes to citations.
2. Modify the distribution of funds to various entities pursuant to present law (R.S.
13:1381.5).
3. Provide specific uses for funds collected.
4. Require funds to be retained in an escrow account one year before being distributed to
the city of New Orleans.
5. Remove present law provision regarding fees on premiums for commercial surety
underwriters in Orleans Parish to conform to present law provisions.
6. Add stipulation that the Act will cease to be effective two years after the date of the
signature of the governor.