HLS 21RS-694 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 344
BY REPRESENTATIVE BRYANT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides relative to a defendant's ability to pay certain fines,
fees, and costs
1 AN ACT
2To amend and reenact R.S. 32:641(A) and (C) through (E) and to enact Code of Criminal
3 Procedure Articles 202(H) and 211(E), and R.S. 32:641(F) and (G), relative to
4 criminal procedure; to provide relative to a defendant's ability to pay fines, fees,
5 penalties, and costs associated with traffic violations, warrants of arrest, and
6 summons issued in lieu of arrest; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:641(A) and (C) through (E) are hereby amended and reenacted
9and R.S. 32:641(F) and (G) are hereby enacted to read as follows:
10 ยง641. Parishwide schedule of fines, penalties and costs; written pleas of guilty;
11 payment; exceptions
12 A. The judges of any judicial district, the parish of Orleans excepted, with
13 the consent of the district attorney, may adopt a parishwide district, city, parish, or
14 mayor's court shall adopt a schedule of fines, penalties and costs for violations of the
15 traffic laws and regulations for which the maximum possible penalty is a fine only
16 of the state of Louisiana or any parish or municipality under their jurisdiction, within
17 the limits of such penalties as are set by law, and such schedules shall be applicable
18 as provided hereafter.
19 * * *
20 C. A person who is unable to pay the fine and wants to plead guilty without
21 a court appearance shall sign and mail or hand deliver to the court an affidavit of
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1 indigency. The affidavit shall attest that the person is indigent and cannot pay the
2 fine without substantial financial hardship as promulgated by the Louisiana Supreme
3 Court.
4 D. The judge or district attorney may refuse to accept such written plea of
5 guilty or affidavit of indigency in any case and in the event of refusal, the written
6 plea of guilty or affidavit of indigency shall not be admissible in evidence for any
7 reason whatsoever.
8 E. If the judge accepts the written plea of guilty and the affidavit of
9 indigency, the person shall be placed on a twenty-five dollar per month payment
10 plan. A person may elect to pay more than this amount but shall not be required to
11 do so.
12 D.F. This Section does not apply to any person charged with any offense
13 under Title 14 of the Louisiana Revised Statutes of 1950, except reckless operation
14 of a motor vehicle where no accident is involved.
15 E.G. For traffic or misdemeanor offenses, the fines for which are scheduled
16 under the provisions of this Section, clerks of the judicial district courts shall not be
17 required to keep and transcribe minutes for proceedings involving offenders who
18 plead guilty and pay fines before their scheduled trial, thereby waiving their court
19 appearance. This provision may be modified by rule of court.
20 Section 2. Code of Criminal Procedure Articles 202(H) and 211(E) are hereby
21enacted to read as follows:
22 Art. 202. Warrant of arrest; issuance
23 * * *
24 H.(1) A magistrate may not issue an arrest warrant pursuant to Article 333
25 or any other provision of law for the defendant's failure to appear unless:
26 (a) The magistrate causes to be personally served upon the defendant a
27 notice that includes the following:
28 (i) A date and time, occurring within the thirty-day period following the date
29 that notice is provided, when the defendant shall appear before the justice or judge.
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1 (ii) The name, address, and telephone number of the court with jurisdiction
2 in the case.
3 (iii) The following information shall be included on the notice:
4 (aa) A person shall not be arrested, jailed, or have their license suspended for
5 inability to pay a fine, costs, or fees associated with their case or any other case
6 unless the court finds, after a hearing, that the person had the ability to pay and
7 willfully refused to do so.
8 (bb) If a person fails to appear before the court on the date given in this
9 notice and does not contact the court in advance to request an alternative date, a
10 warrant may be issued for the person's arrest and the person may face sanctions by
11 the court.
12 (cc) If a person is unable to make a payment toward any fine, costs, or fee
13 ordered by this court, a request may be made for payment alternatives including but
14 not limited to a reduction of the amount owed, a payment plan, community service,
15 or a combination of all. Any documentation or information the person wants the
16 court to consider in determining their ability to pay shall be brought to court.
17 (b) The defendant fails to appear before the court following personal service
18 of the notice as described in this Paragraph.
19 (c) The agency responsible for sending the notice shall incur the cost of
20 providing notice.
21 (2)(a) A defendant who receives notice under Subparagraph (1) of this
22 Paragraph may request an alternative date or time to appear before the court if the
23 defendant is unable to appear on the date and time included in the notice.
24 (b) A magistrate shall recall an arrest warrant for the defendant's failure to
25 appear if the defendant voluntarily appears before the warrant is executed.
26 * * *
27 Art. 211. Summons by officer instead of arrest and booking
28 * * *
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1 E. Any summons issued pursuant to this Article, in addition to any other
2 requirements contained in this Title or any other provision of law, shall contain
3 information regarding the alternatives to the full payment of any fine or costs
4 assessed against the person, if the person is convicted of the offense and is unable to
5 pay the fine or costs. No person shall be jailed or have their driver's license
6 suspended for inability to pay the fine, costs, or fees.
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 344 Original 2021 Regular Session Bryant
Abstract: Provides relative to a defendant's ability to pay fines, fees, and costs associated
with traffic violations, warrants of arrest, and summons issued in lieu of arrest.
Present law allows judges to adopt a parishwide schedule of fines, penalties, and costs for
traffic violations of this state or any parish under their jurisdiction within the limits of
penalties as set by present law.
Proposed law requires the judges to adopt such schedule of fines, penalties, and costs for
traffic violations within the limits of penalties as set by present law and proposed law
specifies that such schedule is applicable to traffic violations for which the maximum
possible penalty is a fine only.
Proposed law provides for an affidavit of indigency and requires the affidavit of indigency
to be delivered to the court for anyone who is unable to pay and wants to plead guilty
without a court appearance.
Present law provides that the judge or district attorney may refuse to accept such written plea
of guilty in any case, and in the event of refusal, the written plea of guilty shall not be
admissible in evidence for any reason.
Proposed law retains present law and authorizes the defendant to submit an affidavit of
indigency, and authorizes the judge or district attorney to refuse such affidavit.
Proposed law further requires that a person be placed on a $25 per month payment plan if
the judge accepts a written plea of guilty and the affidavit of indigency.
Proposed law provides that a magistrate may not issue an arrest warrant pursuant to present
law for the defendant's failure to appear unless the defendant has been served with notice and
the defendant fails to appear after receiving such notice as provided by proposed law.
Proposed law requires the notice to provide a date and time of the scheduled appearance as
well as the name, address, and phone number of the court with jurisdiction.
Proposed law further requires the notice to include information regarding the consequences
of the defendant's failure to appear and inability to pay.
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HB NO. 344
Proposed law requires summons issued to include information regarding alternatives to full
payment of any fine or costs assessed if the person convicted of the offense is unable to pay.
Proposed law provides that no person shall be jailed or have their driver's license suspended
for inability to pay the fine, costs, or fee.
(Amends R.S. 32:641(A) and (C)-(E); Adds C.Cr.P. Arts. 202(H) and 211(E) and R.S.
32:641(F) and (G))
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