RÉSUMÉ DIGEST
ACT 391 (HB 726) 2022 Regular Session Lyons
Existing 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.
Existing 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.
Existing law provides a definition for "financial obligations".
Existing 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.
New law 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. Provides that new law shall apply to defendants
convicted of traffic offenses, misdemeanor offenses, or felonies under applicable law.
Effective August 1, 2022.
(Adds C.Cr.P. Art. 875.1(H))