Authorizes the collection of the expungement processing fee by the clerk of court. (8/15/10)
Impact
The enactment of SB 80 is expected to have a significant impact on how arrest records are handled in Louisiana. By facilitating the collection of processing fees through clerks, the bill intends to simplify the expungement process for individuals seeking to clear their criminal records. Moreover, the provision allocating part of the fees to public defenders aims to enhance the financial resources available for legal defense services, potentially improving legal representation for those in need.
Summary
Senate Bill 80, introduced by Senator Martiny, modifies current laws regarding the expungement of arrest records for misdemeanors and felonies. The bill allows clerks of court to collect a processing fee, which is set at $50, for the expungement of any arrest record. Additionally, it mandates that 20% of any increase in the processing fee collected by the sheriff and district attorney is directed to the Louisiana Public Defender Fund. This adjustment aims to support public defenders financially while streamlining the expungement process by centralizing the collection of fees through the court system.
Sentiment
The reception of SB 80 appears to be generally positive, particularly among those advocating for reforms in the criminal justice system. Supporters of the bill highlight the importance of expungement in allowing individuals a second chance and reducing the stigma associated with a criminal record. However, some concerns exist regarding the fee structure and the financial implications for individuals seeking expungement, especially those who may already be economically disadvantaged. This tension reflects broader debates about access to justice and the balance between fees and fair legal processes.
Contention
While the bill aims to facilitate the expungement process, there are notable points of contention. Critics may argue that the introduction of processing fees, even if intended for a public good, could create barriers for low-income individuals seeking expungement. There are also concerns about the administrative efficiency of the new fee system and whether it will adequately serve the needs of those who are eligible for expungement. Furthermore, the decision to direct a portion of collected fees to the Louisiana Public Defender Fund, while noble, raises questions regarding its sufficiency and the overall approach to funding public defense.
Allows a judge to waive or reduce an expungement fee imposed by the bureau of criminal identification and information, the district attorney, and the sheriff. (8/15/10)