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Rs 13:1899 Assessment And Disposition Of Costs In Criminal Cases

§1899. Assessment and disposition of costs in criminal cases; costs in juvenile matters for

specified courts

A. Except as otherwise provided by law, in all criminal matters, including traffic

violation cases, in addition to the fine or other penalty which may be legally imposed against

every defendant who is convicted after trial or after a plea of guilty or who forfeits his bond,

the judge may assess costs of court in an amount not to exceed thirty dollars.

B. Except as otherwise provided by law, the proceeds derived from these costs shall

be deposited in a special account which shall be subject to audit, and used for the operational

expenses of the court or for the payment of clerical fees or other similar expenditures as may

be approved by the judge.

C. In all criminal matters, when the office of the marshal has derived one hundred

thousand dollars or more in revenues for the year 2004 from costs assessed pursuant to this

Subsection, the city judge shall assess, in addition to the costs assessed in Subsection A of

this Section, the sum of fifteen dollars as additional costs of court. In all criminal matters,

when the office of the marshal has derived less than one hundred thousand dollars in

revenues for the year 2004 from costs assessed pursuant to this Subsection, the city judge

shall assess, in addition to the costs assessed in Subsection A of this Section, the sum of

thirty dollars as additional costs of court. The proceeds shall be deposited in a special

account, separate and distinct from the account provided for in Subsection B of this Section,

which account shall be in the name of and under the control of the marshal or constable of

the court, shall be subject to audit, and shall be used to defray operational expenses of the

office of marshal or constable of the court, all as may be useful and necessary for the proper

conduct of the marshal's or constable's office, or for purchase of law enforcement equipment,

and all as may be proved by the marshal or constable. The city judges of any and all parishes

and the mayor's court in the town of Many in Sabine Parish shall be authorized to assess such

sum in accordance with this Section. Assessments in particular courts are governed by the

following:

(1) The additional costs provided for in this Subsection shall not exceed thirty dollars

in the City Court of Houma.

(2) The additional costs provided for in this Subsection shall not exceed thirty dollars

in the City Court of Ruston.

(3) The additional costs provided for in this Subsection shall not exceed thirty dollars

in the City Court of Minden.

(4) The additional costs provided for in this Subsection shall not exceed thirty dollars

in the City Court of Springhill.

(5) The additional costs provided for in this Subsection shall not exceed thirty dollars

in the City Court of Hammond.

(6) The additional costs provided for in this Subsection shall not exceed thirty dollars

in the City Court of Bastrop.

(7) The additional costs provided for in this Subsection shall not exceed thirty dollars

in the City Court of West Monroe.

(8)(a) The additional costs provided for in this Subsection shall not exceed thirty

dollars in the City Court of Monroe.

(b) Notwithstanding the provisions of this Subsection, the additional costs collected

in the City Court of Monroe shall be allocated as follows:

(i)(aa) For the 1995-1996 Fiscal Year, fifteen dollars to the city marshal's office to

be used to defray operational expenses of the office.

(bb) For the 1996-1997 Fiscal Year, ten dollars to the city marshal's office to be used

to defray operational expenses of the office.

(cc) For the 1997-1998 Fiscal Year and thereafter, twenty dollars to the city marshal's

office to be used to defray operational expenses of the office.

(ii)(aa) For the 1995-1996 Fiscal Year, five dollars to the police department of the

city of Monroe to be used to help defray expenses for equipment and maintenance for the city

of Monroe jail.

(bb) For the 1996-1997 Fiscal Year and thereafter, ten dollars to the police

department of the city of Monroe to be used to help defray expenses for equipment and

maintenance for the city of Monroe jail.

(9) The additional costs provided for in this Subsection shall not exceed thirty dollars

in the City Court of Denham Springs.

(10) The additional costs provided for in this Subsection shall not exceed thirty

dollars in the City Court of Alexandria and shall also be assessed in traffic violation cases.

(11) The additional costs provided for in this Subsection shall not exceed thirty

dollars in the City Court of Lafayette.

D. Notwithstanding any other provision of law to the contrary, the Lincoln Parish

police jury may by resolution assume sole responsibility for payment, in all cases thereafter

occurring in the parish, of autopsy costs as provided in R.S. 33:5713, and thereafter in all

criminal cases in the parish of Lincoln entailing the performance of an autopsy, the city or

district judge may assess the costs of autopsy, disinterment, and reinterment, if any, in

addition to the fine, penalty, or other costs which may be legally imposed against the

defendant. The funds derived from such assessment shall be paid into the treasury of the

parish or municipality in which the court is situated and deposited in a special account. The

police jury or municipal governing body may expend these funds to defray the costs of

coroner's investigations and autopsies as provided in R.S. 33:1563.

E. In all criminal matters, including traffic violations, in addition to the costs

otherwise provided by this Section or any other law, and in addition to the fine or other

penalty which may be legally imposed against every defendant who is convicted after trial

or after a plea of guilty or who forfeits his bond, the judge of the City Court of Winnsboro

may assess a sum not to exceed five dollars as additional costs of court, the proceeds from

which shall be used to defray operational expenses of the City Court of Winnsboro, as may

be approved by said judge.

F. The City Court of Houma is hereby authorized to hire a court reporter for civil and

criminal cases. Compensation for the court reporter shall be paid from the costs collected

in criminal matters.

G. Instead of the fee provided for in Subsection C of this Section, in all criminal

matters in the city court of Morgan City, including traffic violation cases, the city judge shall

assess, in addition to all other foregoing costs, the sum of twenty dollars as additional costs

of court, the proceeds from which shall be deposited in a special account, separate and

distinct from the account provided for in Subsection B, which account shall be in the name

of and under the control of the marshal of the court, shall be subject to audit, and shall be

used to defray operational expenses of the office of marshal of the court, all as may be useful

and necessary for the proper conduct of the marshal's offices, for maintenance and

improvement of jail facilities, or for purchase of law enforcement equipment, and all as may

be approved by the marshal.

H. Notwithstanding any contrary provision of law and specifically notwithstanding

any contrary provision of this Section, the City Court of Bossier City may use the proceeds

derived from the costs authorized in Subsection A and deposited in a special account subject

to audit in either or both of the following ways:

(1) The proceeds may be used for operational expenses of the court, for the payment

of clerical fees, for the payment of salary supplements for personnel other than the judge or

city marshal, or other similar expenditures as may be approved by the judge, pursuant to

Subsection B.

(2) The proceeds may be used for capital expenditures for the offices of the City

Court of Bossier City, such expenditures to include but not be limited to furniture, filing

cabinets, furnishings, and similar items as may be approved by the judge.

I.(1) In all criminal matters, including traffic violations, in addition to any costs

authorized by this Section or any other provision, the City Court of Ville Platte may assess

a witness fee not to exceed nine dollars per witness as additional costs of court, the proceeds

from which shall be used to defray the costs of processing subpoenas in criminal

proceedings.

(2) In all criminal matters in the City Court of Ville Platte, including traffic

violations, when the court suspends the imposition or execution of a sentence and places the

defendant on supervised probation, the city judge may assess, in addition to any costs

authorized by this Section or any other provision, and in addition to the fine or other penalty

which may be legally imposed, a supervision fee not to exceed twenty-five dollars per month

as additional costs of court, the proceeds from which shall be used to defray the costs of

supervision.

J. Notwithstanding any other law to the contrary, any fees received by the City Court

of Slidell pursuant to Code of Criminal Procedure Article 895.1(C) in excess of the amount

needed to defray the costs of supervision in criminal, traffic, and juvenile cases may be used

for the operational expenses of the city court.

K. If the additional costs that the city court judge is required to assess in all criminal

matters pursuant to any of the provisions of Subsection C of this Section are to be used by

a municipal police department to defray expenses for equipment and maintenance for a city

jail, in the event of closure of the jail, all of the additional costs required to be assessed, not

to exceed ten dollars, shall be used by the police department to defray expenses for housing

and maintenance of prisoners and detainees of the municipality.

L. In all juvenile delinquency matters in the City Court of Minden and the City Court

of Springhill, the city judge shall assess, in addition to the other costs assessed in this

Section, a sum not to exceed thirty dollars as additional costs of court. The proceeds shall

be deposited in a special account, separate and distinct from the account provided for in

Subsection B of this Section, which account shall be in the name of and under the control of

the marshal of the court, shall be subject to audit, and shall be used to defray operational

expenses of the office of marshal of the court, all as may be useful and necessary for the

proper conduct of the marshal's office, or for purchase of law enforcement equipment, and

all as may be provided by the marshal or constable.

Acts 1993, No. 643, §1, eff. June 15, 1993; Acts 1995, No. 125, §1; Acts 1995, No.

611, §1; Acts 1996, 1st Ex. Sess., No. 17, §1; Acts 1997, No. 324, §1; Acts 1997, No. 326,

§1; Acts 1997, No. 1073, §1; Acts 1999, No. 614, §§1, 2; Acts 1999, No. 740, §1; Acts 2001,

No. 219, §1; Acts 2001, No. 993, §1, eff. June 27, 2001; Acts 2002, 1st Ex. Sess., No. 158,

§1; Acts 2005, No. 269, §1; Acts 2009, No. 88, §1; Acts 2014, No. 730, §1.

NOTE: See Acts 2009, No. 88, §2, and the La. Register, 8/20/09, Vol. 35,

No. 08, pg. 1828. The Judicial Council did not approve the cost provided for

in this Subsection L.

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Local Government
Louisiana
3
6
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
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