ENROLLED
2020 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 2
BY REPRESENTATIVE MAGEE
A CONCURRENT RESOL UTION
To suspend until August 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 financial
obligations associated with the offense including court costs, fines, fees, and
restitution.
WHEREAS, certain provisions of law relative to the financial obligations of criminal
offenders were amended and reenacted by Act No. 260 of the 2017 Regular Session of the
Legislature with an effective date of August 1, 2018; and
WHEREAS, in the 2018 Regular Session of the Legislature, Act Nos. 137 and 668
delayed the effective date of Act No. 260 of the 2017 Regular Session of the Legislature
until August 1, 2019, due to concerns regarding the financial impact of these changes on the
Louisiana criminal justice system; and
WHEREAS, in addition to delaying the effective date, Act No. 668 of the 2018
Regular Session of the Legislature made substantive changes to certain provisions in Act No.
260 of the 2017 Regular Session of the Legislature, including Code of Criminal Procedure
Article 875.1, with such changes set to become effective on August 1, 2019, which is the
same date that the other provisions in Act No. 260 of the 2017 Regular Session of the
Legislature were set to become effective; and
WHEREAS, in the 2019 Regular Session of the Legislature, Act No. 253 further
delayed the effective date of Act No. 260 of the 2017 Regular Session of the Legislature to
August 1, 2021, but inadvertently did not amend the effective date of the changes made to
Code of Criminal Procedure Article 875.1 by Act No. 668 of the 2018 Regular Session of
the Legislature, and those changes went into effect on August 1, 2019; and
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WHEREAS, it was and is the intent of the Louisiana Legislature that the effective
date of the changes made to Code of Criminal Procedure Article 875.1 by Act No. 668 of
the 2018 Regular Session of the Legislature coincide with the effective date of the changes
made to the remaining provisions of Act No. 260 of the 2017 Regular Session of the
Legislature, with the exception of Code of Criminal Procedure Articles 883.1 and 894.4
which became effective August 1, 2019.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
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.
BE IT FURTHER RESOLVED that this suspension shall become effective upon
adoption of this Resolution and shall extend through August 1, 2021.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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