Louisiana House Bill HCR2

Louisiana 2020 Regular Session

• Introduced: 2/24/20
• Refer: 2/24/20
• Refer: 3/9/20
• Report Pass: 5/7/20
• Engrossed: 5/18/20
• Refer: 5/19/20
• Report Pass: 5/26/20
• Passed: 5/29/20

Caption

Suspends certain provisions of the Code of Criminal Procedure relative to financial obligations of criminal offenders

Impact

The resolution essentially pauses the enforcement of certain financial responsibility provisions from the Code of Criminal Procedure that were designed to be effective as of August 1, 2019. This marks the intent of the Louisiana legislature to align the effective dates of all pertinent laws relating to financial obligations for offenders. By suspending these provisions, HCR2 seeks to mitigate potential negative implications for offenders who might face punitive measures for failing to pay fines and costs that they are unable to afford.

Summary

HCR2 is a House Concurrent Resolution that focuses on suspending specific provisions of the Louisiana Code of Criminal Procedure regarding the financial obligations of criminal offenders. This resolution aims to temporarily suspend the application of Article 875.1, which relates to the court's authority to act when an offender cannot meet their financial obligations associated with their crimes, including court costs, fines, fees, and restitution. The resolution intends to ensure that the legislative changes previously made do not adversely affect the criminal justice system during the suspension period until August 1, 2021.

Sentiment

The sentiment around HCR2 appears to be one of cautious support, recognizing the need for a temporary suspension to allow for further examination of the financial impact on the criminal justice system. Legislative discussions seem to acknowledge the concerns raised regarding the intersection of financial obligations and justice equity, indicating a recognition that a balance must be struck to ensure offenders are not unduly punished for their financial situations.

Contention

Notably, HCR2 addresses previous legislative complications where amendments concerning financial obligations had been passed but were delayed or misaligned in their effective dates. The resolution highlights a significant point of contention in the legislative process regarding how laws intersect and the consequences of their timing. The inability to adequately synchronize these effective dates has created challenges, and this resolution aims to clarify and streamline those legal obligations amid ongoing discussions about justice reform and financial equity.