The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michael Bell.
DIGEST
SB 233 Original 2020 Regular Session Harris
Present law provides that the father and the mother are responsible for the damage occasioned by
their minor child, who resides with them or who has been placed by them under the care of other
persons, reserving to them recourse against those persons. Present law further provides that the father
and mother are not responsible for the damage occasioned by their minor child who has been
emancipated by marriage, by judgment of full emancipation, or by judgment of limited emancipation
that expressly relieves the parents of liability for damages occasioned by their minor child.
Proposed law retains present law.
Present law provides that for felony-grade delinquent acts the court may require that the child
perform court-approved community service activities. Proposed law retains present law and
alternatively provides that the court may require the child's parent or legal guardian to perform
community service. Provides that, if feasible, the community service activities shall be conducted
by the caretaker and child together.
Present law authorizes a court to order a child to pay restitution, as a condition of probation for the
commission of a felony- or misdemeanor-grade delinquent act, for any personal or property damage
caused by the child in the commission of the delinquent act.
Proposed law provides that court may require the child and his parent or legal guardian to participate
in a court-approved decision making course necessary for his rehabilitation.
Proposed law retains present law and adds that if a child is ordered to pay restitution as a condition
of probation for the commission of a delinquent act and the child cannot make payment personally,
then a parent, tutor, guardian, or other person who is financially responsible for the care of the child
shall be responsible for payment of the restitution. Proposed law further authorizes the court to waive
payment of the restitution, or any part thereof, upon a finding of good cause.
Effective August 1, 2020.
(Amends Ch.C. Art. 897(B)(2) and 899(B)(2))