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2020 Regular Session
SENATE BILL NO. 326
BY SENATOR BARROW
CRIMINAL PROCEDURE. Provides relative to criminal procedure. (8/1/20)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 875.1(A) and 887(A), to enact
3 Code of Criminal Procedure Article 202(H) and 211(E), and to repeal Code of
4 Criminal Procedure Article 875.1(G), relative to criminal procedure; to provide
5 relative to warrants of arrest; to provide relative to summons issued by a law
6 enforcement officer in lieu of arrest; to provide relative to determinations of financial
7 hardship by the court; to provide relative to costs and fees; to provide relative to
8 requirements for a summons in lieu of arrest for certain offenses; and to provide for
9 related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. Code of Criminal Procedure Article 875.1(A) and 887(A) are hereby
12 amended and reenacted and Code of Criminal Procedure Article 202(H) and 211(E) are
13 hereby enacted to read as follows:
14 Art. 202. Warrant of arrest; issuance
15 * * *
16 H.(1) A magistrate may not issue an arrest warrant for the defendant's
17 failure to appear at the initial court setting unless:
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1 (a) The magistrate provides by telephone or regular mail to the
2 defendant notice that includes:
3 (i) A date and time, occurring within the thirty-day period following the
4 date that notice is provided, when the defendant must appear before the justice
5 or judge.
6 (ii) The name and address of the court with jurisdiction in the case.
7 (iii) Information regarding alternatives to the full payment of any fine
8 or costs owed by the defendant, if the defendant is unable to pay that amount.
9 (iv) An explanation of the consequences if the defendant fails to appear
10 before the magistrate as required by this article.
11 (b) The defendant fails to appear before the court as required by this
12 Article.
13 (2)(a) A defendant who receives notice under Subparagraph (1) of this
14 Paragraph may request an alternative date or time to appear before the court
15 if he is unable to appear on the date and time included in the notice.
16 (b) A magistrate shall recall an arrest warrant for the defendant's failure
17 to appear if the defendant voluntarily appears and makes a good faith effort to
18 resolve the arrest warrant before the warrant is executed.
19 * * *
20 Art. 211. Summons by officer instead of arrest and booking
21 * * *
22 E. Any summons issued pursuant to this Article, in addition to any other
23 requirements contained in this Title or other provision of law, shall contain
24 information regarding the alternatives to the full payment of any fine or costs
25 assessed against the person, if the person is convicted of the offense and is
26 unable to pay the fine or costs.
27 * * *
28 Art. 875.1. Determination of substantial financial hardship to the defendant
29 A.(1) The purpose of imposing financial obligations on an offender who is
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1 convicted of a criminal offense is to hold the offender accountable for his action, to
2 compensate victims for any actual pecuniary loss or costs incurred in connection
3 with a criminal prosecution, to defray the cost of court operations, and to provide
4 services to offenders and victims. These financial obligations should not create a
5 barrier to the offender's successful rehabilitation and reentry into society. Financial
6 obligations in excess of what an offender can reasonably pay undermine the primary
7 purpose of the justice system which is to deter criminal behavior and encourage
8 compliance with the law. Financial obligations that cause undue hardship on the
9 offender should be waived, modified, or forgiven. Creating a payment plan for the
10 offender that is based upon the ability to pay, results in financial obligations that the
11 offender is able to comply with and often results in more money collected. Offenders
12 who are consistent in their payments and in good faith try to fulfill their financial
13 obligations should be rewarded for their efforts.
14 (2) Notwithstanding any other provision of this Article or other law to
15 the contrary, during or immediately after imposing a sentence in a case in which
16 the defendant entered a plea in open court, the court shall inquire whether the
17 defendant has sufficient resources or income to immediately pay all or part of
18 the fine and costs. If the court determines that the defendant does not have
19 sufficient resources or income to immediately pay all or part of the fine and
20 costs, the court shall determine whether the fine and costs should be:
21 (a) Required to be paid at some later date or in a specified portion at
22 designated intervals.
23 (b) Discharged by performing community service under any applicable
24 provision of law.
25 (c) Waived in full or in part.
26 (d) Satisfied through any combination of methods under this
27 Subparagraph.
28 * * *
29 Art. 887. Defendant's liability for costs; suspension of costs; no advance costs
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1 A.(1) A defendant who is convicted of an offense or is the person owing a
2 duty of support in a support proceeding shall be liable for all costs of the prosecution
3 or proceeding, whether or not costs are assessed by the court, and such costs are
4 recoverable by the party or parties who incurred the expense. However, such
5 defendant or person shall not be liable for costs if acquitted or if the prosecution or
6 proceeding is dismissed. In addition, any judge of a district court, parish court, city
7 court, traffic court, juvenile court, family court, or magistrate of a mayor's court
8 within the state shall be authorized to suspend court costs.
9 (2) A defendant charged with a misdemeanor for which the maximum
10 possible punishment is a fine only may, in lieu of any other method provided by
11 law, mail or deliver in person to the court a plea of "guilty" or a plea of "nolo
12 contendere" and a waiver of jury trial if otherwise so entitled. The defendant
13 may also request in writing that the court notify the defendant, at the address
14 stated in the request, of the amount of any appeal bond that the court will
15 approve. If the court receives a plea and waiver before the time the defendant
16 is scheduled to appear in court, the court shall dispose of the case without
17 requiring a court appearance by the defendant. If the court receives a plea and
18 waiver after the time the defendant is scheduled to appear in court but at least
19 five business days before a scheduled trial date, the court shall dispose of the
20 case without requiring a court appearance by the defendant. The court shall
21 notify the defendant either in person or by regular mail of the amount of any
22 fine or costs assessed in the case, information regarding the alternatives to the
23 full payment of any fine or costs assessed against the defendant, if the defendant
24 is unable to pay that amount, and, if requested by the defendant, the amount of
25 an appeal bond that the court will approve. Except as otherwise provided by
26 law, the defendant shall pay any fine or court costs assessed or give an appeal
27 bond in the amount stated in the notice before the thirty-first day after
28 receiving the notice.
29 * * *
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1 Section 2. Code of Criminal Procedure Article 875.1(G) is hereby repealed in its
2 entirety.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 326 Original 2020 Regular Session Barrow
Present law provides that a warrant of arrest may be issued by any magistrate pursuant to
present law, except where a summons is issued under present law, under certain
circumstances.
Proposed law retains present law and adds that a magistrate may not issue an arrest warrant
for the defendant's failure to appear at the initial court setting unless:
(1)The magistrate provides by telephone or regular mail to the defendant notice that
includes:
(a)A date and time, occurring within the 30-day period following the date that
notice is provided, when the defendant must appear before the justice or
judge.
(b)The name and address of the court with jurisdiction in the case.
(c)Information regarding alternatives to the full payment of any fine or costs
owed by the defendant, if the defendant is unable to pay that amount.
(d) An explanation of the consequences if the defendant fails to appear before
the magistrate as required.
(2)The defendant fails to appear before the court as required.
Proposed law provides that a defendant who receives notice under proposed law may request
an alternative date or time to appear before the court if he is unable to appear on the date and
time included in the notice.
Proposed law provides that a magistrate must recall an arrest warrant for the defendant's
failure to appear if the defendant voluntarily appears and makes a good faith effort to resolve
the arrest warrant before the warrant is executed.
Present law provides that when it is lawful for a peace officer to arrest a person without a
warrant for a misdemeanor, or for a felony charge of theft or illegal possession of stolen
things when the thing of value is between $500 and $1,000, the officer may issue a written
summons instead of making an arrest under certain circumstances.
Proposed law retains present law and adds that, in addition to any requirements contained
in present law, the summons must contain information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the person is convicted of the
offense and is unable to pay the fine or costs.
Present law provides relative to the court's determination of substantial financial hardship
to the defendant. Present law further provides that financial obligations should not create a
barrier to the offender's successful rehabilitation and reentry into society, and that financial
obligations in excess of what an offender can reasonably pay undermine the primary purpose
of the justice system which is to deter criminal behavior and encourage compliance with the
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law. Present law further provides that financial obligations that cause undue hardship on the
offender should be waived, modified, or forgiven.
Proposed law retains present law and adds that, notwithstanding any other provision of
present law to the contrary, during or immediately after imposing a sentence in a case in
which the defendant entered a plea in open court, the court is to inquire whether the
defendant has sufficient resources or income to immediately pay all or part of the fine and
costs. Proposed law further provides that if the court determines that the defendant does not
have sufficient resources or income to immediately pay all or part of the fine and costs, the
court is to determine whether the fine and costs should be:
(1)Required to be paid at some later date or in a specified portion at designated
intervals.
(2)Discharged by performing community service under any applicable provision of
present law.
(3)Waived in full or in part.
(4)Satisfied through any combination of methods provided for in items (1) through (3)
above.
Present law provides that present law provisions relative to financial hardship determinations
applies only to defendants convicted of offenses classified as felonies.
Proposed law deletes present law.
Present law provides that a defendant who is convicted of an offense or owes a duty of
support in a support proceeding is liable for all costs of the prosecution or proceeding,
whether or not costs are assessed by the court, and such costs are recoverable by the party
or parties who incurred the expense. Present law further provides that such defendant or
person is not liable for costs if acquitted or if the prosecution or proceeding is dismissed.
Present law further provides that any judge of a district court, parish court, city court, traffic
court, juvenile court, family court, or magistrate of a mayor's court within the state is
authorized to suspend court costs.
Proposed law retains present law and adds that a defendant charged with a misdemeanor for
which the maximum possible punishment is a fine may, in lieu of any other method provided
by present law, mail or deliver in person to the court a plea of "guilty" or a plea of "nolo
contendere" and a waiver of jury trial if otherwise so entitled. Proposed law further provides
that the defendant may also request in writing that the court notify the defendant of the
amount of any appeal bond that the court will approve. Proposed law further provides that
if the court receives a plea and waiver before the time the defendant is scheduled to appear
in court, the court is to dispose of the case without requiring a court appearance by the
defendant. Proposed law further provides that if the court receives a plea and waiver after
the time the defendant is scheduled to appear in court but at least five business days before
a scheduled trial date, the court is to dispose of the case without requiring a court appearance
by the defendant. Proposed law further provides that the court is to notify the defendant
either in person or by regular mail of the amount of any fine or costs assessed in the case,
information regarding the alternatives to the full payment of any fine or costs assessed
against the defendant (if the defendant is unable to pay that amount), and, if requested by the
defendant, the amount of an appeal bond that the court will approve. Proposed law further
provides that, except as otherwise provided by present law, the defendant must pay any fine
or court costs assessed or give an appeal bond in the amount stated in the notice before the
31st day after receiving the notice.
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Effective August 1, 2020.
(Amends C.Cr.P. Art. 875.1(A) and 887(A); adds C.Cr.P. Art. 202(H) and 211(E); repeals
C.Cr.P. Art. 875.1(G))
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