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 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.
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))