HLS 20RS-463 ENGROSSED
2020 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 2
BY REPRESENTATIVE MAGEE
CRIMINAL/JUSTICE: Suspends certain provisions of the Code of Criminal Procedure
relative to financial obligations of criminal offenders
1 A CONCURRENT RESOL UTION
2To suspend until August 1, 2021, the provisions of Code of Criminal Procedure Article
3 875.1, relative to the financial obligations of criminal offenders and the court's
4 authority to take certain actions when the offender is unable to pay financial
5 obligations associated with the offense including court costs, fines, fees, and
6 restitution.
7 WHEREAS, certain provisions of law relative to the financial obligations of criminal
8offenders were amended and reenacted by Act No. 260 of the 2017 Regular Session of the
9Legislature with an effective date of August 1, 2018; and
10 WHEREAS, in the 2018 Regular Session of the Legislature, Act Nos. 137 and 668
11delayed the effective date of Act No. 260 of the 2017 Regular Session of the Legislature
12until August 1, 2019, due to concerns regarding the financial impact of these changes on the
13Louisiana criminal justice system; and
14 WHEREAS, in addition to delaying the effective date, Act No. 668 of the 2018
15Regular Session of the Legislature made substantive changes to certain provisions in Act No.
16260 of the 2017 Regular Session of the Legislature, including Code of Criminal Procedure
17Article 875.1, with such changes set to become effective on August 1, 2019, which is the
18same date that the other provisions in Act No. 260 of the 2017 Regular Session of the
19Legislature were set to become effective; and
20 WHEREAS, in the 2019 Regular Session of the Legislature, Act No. 253 further
21delayed the effective date of Act No. 260 of the 2017 Regular Session of the Legislature to
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HCR NO. 2
1August 1, 2021, but inadvertently did not amend the effective date of the changes made to
2Code of Criminal Procedure Article 875.1 by Act No. 668 of the 2018 Regular Session of
3the Legislature, and those changes went into effect on August 1, 2019; and
4 WHEREAS, it was and is the intent of the Louisiana Legislature that the effective
5date of the changes made to Code of Criminal Procedure Article 875.1 by Act No. 668 of
6the 2018 Regular Session of the Legislature coincide with the effective date of the changes
7made to the remaining provisions of Act No. 260 of the 2017 Regular Session of the
8Legislature, with the exception of Code of Criminal Procedure Articles 883.1 and 894.4
9which became effective August 1, 2019.
10 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
11the provisions of Code of Criminal Procedure Article 875.1, relative to the financial
12obligations of criminal offenders and the court's authority to take certain actions when the
13offender is unable to pay the financial obligations associated with the offense.
14 BE IT FURTHER RESOLVED that this suspension shall become effective upon
15adoption of this Resolution and shall extend through August 1, 2021.
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)]
HCR 2 Engrossed 2020 Regular Session Magee
Suspends until Aug. 1, 2021, the provisions of Code of Criminal Procedure Article 875.1,
relative to the financial obligations of criminal offenders and the court's authority to take
certain actions when the offender is unable to pay the financial obligations associated with
the offense.
(Suspends C.Cr.P. Art. 875.1)
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