GREEN SHEET REDIGEST
HB 842 2020 Regular Session Hilferty
COURTS: Provides relative to the assessment, collection, and distribution of certain
court costs and fees in the parish of Orleans
DIGEST
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.
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Prepared by Alan Miller. 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 Orleans Parish criminal district court's judicial
expense fund.
Proposed law also provides that the city's share of 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.
Proposed law further provides that the funds shall not be disbursed to the city of New
Orleans from the special escrow account for any purpose previously set forth by the
provisions of R.S. 13:1381.4 prior to the effective date of this Act.
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.
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Prepared by Alan Miller. 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.
Proposed law also provides that the funds must not be disbursed to the city of New Orleans
from the special escrow account for any purpose previously set forth by the provisions of
R.S. 13:1381.4 prior to the effective date of this Act.
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).
Proposed law provides that the provisions of this Act will cease to be effective on July 1,
2022.
(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).
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Prepared by Alan Miller. 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.
The House Floor Amendments to the engrossed bill:
1. Change the date the Act will cease to be effective from two years after the
date of the signature of the governor to July 1, 2022.
2. Provide that funds distributed shall not be used for any purpose previously set
forth by the provisions of R.S. 13:1381.4 prior to the effective date of this
Act.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Make technical corrections.
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Prepared by Alan Miller.