HLS 22RS-1071 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 726
BY REPRESENTATIVE LYONS
CRIMINAL/PENALTIES: Provides relative to the financial obligations of criminal
offenders
1 AN ACT
2To enact Code of Criminal Procedure Article 875.1(H), relative to the financial obligations
3 for criminal offenders; to provide relative to incarceration; and to provide for related
4 matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 875.1(H) is hereby enacted to read
7as follows:
8 Art. 875.1. Determination of substantial financial hardship to the defendant
9 * * *
10 H. Notwithstanding any provision of this Article or any other law to the
11 contrary, if the financial obligations imposed upon a defendant would cause
12 substantial financial hardship to the defendant or his dependants, the court shall not
13 order that the defendant be incarcerated for his inability to meet those financial
14 obligations.
15 Section 2. Notwithstanding Section 5(A) of Act No. 313 of the 2021 Regular Session
16of the Legislature, Sections 1 and 2 of that Act shall not become effective.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1071 ORIGINAL
HB NO. 726
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 726 Original 2022 Regular Session Lyons
Abstract: Provides relative to the financial obligations of criminal offenders.
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.
Proposed law retains present law and provides that a defendant shall not be incarcerated for
his inability to meet his financial obligations if those financial obligations would cause
substantial financial hardship to the defendant or his dependants.
(Adds C.Cr.P. Art. 875.1(H))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.