DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 288 Original 2021 Regular Session Magee
Abstract: Relative to the financial obligations of criminal defendants, provides relative to the
effective date of Act No. 260 of the 2017 R.S., and specifies the effectiveness of overlapping
provisions subsequently amended by Act No. 668 of the 2018 R.S. and Act No. 253 of the
2019 R.S.
Present law (C.Cr.P. Art. 875.1) relative to the financial obligations of criminal offenders was
enacted by Act No. 260 of the 2017 R.S. with an effective date of Aug. 1, 2018. Subsequent Acts
delayed the effective date of Act No. 260 to Aug. 1, 2021. (See Acts No. 137 and 668 of the 2018
R.S. and Act No. 253 of the 2019 R.S.). Act No. 668 of the 2018 R.S. amended the substance of
present law with an effective date of Aug. 1, 2019, which was not amended by the 2019 Act which
delayed the effective date of Act No. 260 of the 2017 R.S. to Aug. 1, 2021.
Proposed law retains present law but removes the uncertainty in effective dates by moving present
law to a new Article, C.Cr.P. Art. 875.2, from the prior Article, C.Cr.P. Art. 875.1.
Present law (C.Cr.P. Art. 885.1) relative to the suspension of driving privileges for failure to pay
criminal fines was amended by Act No. 260 of the 2017 R.S. and by Act No. 253 of the 2019 R.S.
Present law (C.Cr.P. Art. 894.4) relative to the authority of the court to extend probation when the
defendant is unable to pay fines, fees, or restitution was amended by Act No. 260 of the 2017 R.S.
and by Act No. 668 of the 2018 R.S.
Proposed law retains present law and specifies that the provisions of Act No. 260 of the 2017 R.S.
shall become effective on Aug. 1, 2022, except that the provisions of that Act that enacted C.Cr.P.
Art. 875.1 and that amended and reenacted C.Cr.P. Art. 885.1(A), (C), and (D) and 894.4 shall never
become effective.
Proposed law provides an effective date for certain provisions of Act No. 260 of the 2017 R.S., and
provides that certain provisions shall never go into effect. Proposed law recognizes that the
provisions of Act No. 668 of the 2018 R.S. which amended and reenacted C.Cr.P. Art. 894.4 and
which became effective on Aug. 1, 2019, are in effect, and that the provisions of Act No. 253 of the
2019 R.S. amending and reenacting C.Cr.P. Art. 885.1 and which became effective on Aug. 1, 2019,
are in effect.
Proposed law that enacts C.Cr.P. Art. 875.2 and that repeals C.Cr.P. Art. 875.1 shall become
effective Aug. 1, 2022. (Adds C.Cr.P. Art. 875.2; Repeals C.Cr.P. Art. 875.1)