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 442 Original 2022 Regular Session DuBuisson
Abstract: Provides relative to the financial obligations of criminal offenders; prohibits the waiver
of payment of restitution.
Present law provides that the purpose of imposing financial obligations on an offender who is
convicted of a criminal offense is to hold the offender accountable for his action, to compensate
victims for any actual pecuniary loss or costs incurred in connection with a criminal prosecution, to
defray the cost of court operations, and to provide services to offenders and victims.
Present law further provides that these financial obligations should not create a barrier to the
offender's successful rehabilitation and reentry into society, that financial obligations that cause
undue hardship on the offender should be waived, modified, or forgiven, and that creating a payment
plan for the offender that is based upon the ability to pay, results in financial obligations that the
offender is able to comply with and often results in more money collected.
Present law provides a definition for "financial obligations".
Present law provides that prior to ordering the imposition or enforcement of any financial
obligations, the court shall determine whether payment in full of the aggregate amount of all the
financial obligations to be imposed upon the defendant would cause substantial financial hardship
to the defendant or his dependents.
Present law provides that the defendant may not waive the judicial determination of a substantial
financial hardship.
Present law provides that if the court determines that payment in full of the aggregate amount of all
financial obligations imposed upon the defendant would cause substantial financial hardship to the
defendant or his dependents, the court shall either waive all or a portion of the financial obligations
or order a payment plan that requires the defendant to make a monthly payment to fulfill the financial
obligations.
Proposed law retains present law but prohibits waiving any award of restitution.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 875.1)