DA ACTION DATE REVISED LOUISIANA DISTRICT ATTORNEYS ASSOCIATION PROPOSAL FORM

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1 # LOUISIANA DISTRICT ATTORNEYS ASSOCIATION PROPOSAL FORM DA ACTION DATE REVISED NOTE: Member proposals must be submitted on the following form to be considered for inclusion as LDAA package or endorsed bills. Refer to the attached sample for guidance in completing this form. SUBJECT MATTER (list criminal definition, penalty, or procedure affected): Distribution of forfeitures of criminal bail bonds PRESENT LAW (cite Statute and current function): LA R.S. 15: provides for the disposition of fines and forfeiture. The current law specifically provides for the distribution of forfeitures of criminal bail bonds posted by commercial sureties. The currently law does not specifically provide for the distribution of forfeitures of criminal bail bonds not posted by commercial sureties. Forfeitures of criminal bail bonds not posted by commercial sureties are distributed like any other criminal fine or forfeiture. PROPOSED LAW (proposed change and effect and cite of amended or new statute): The proposed law would change the language of the statute to allow all forfeitures of criminal bail bonds to be distributed the same. PROPOSED STATUTORY LANGUAGE(Clearly indicate language added and/or deleted.) Note: Words in strikethrough are deletions from existing law; words underscored and boldfaced are additions.) 15: Dispositions of fines and forfeitures. A. (1) (a) All fines and forfeitures, except for forfeitures of criminal bail bonds posted by a commercial security imposed by district courts and district attorneys, conviction fees in criminal cases, and prosecutions for violations of state law or parish ordinances, upon collection by the sheriff or executive officer of the court, shall be paid into the treasury of the parish in which the court is situated and deposited in a special Criminal Court Fund account, which, on motion by the district attorney and approval order of the district judge, may be used or paid out in defraying the expenses of the criminal courts of the parish as provided in Ch.C. Articles 419 and 421 and R.S. 16:6, in defraying the expenses of those courts in recording and transcribing of testimony,

2 statements, charges, and other proceedings in the trial of indigent persons charged with the commission of felonies, in defraying their expenses in the preparation of records in appeals in such cases, for all expenses and fees of the petit jury and grand jury, for witness fees, for attendance fees of the sheriff and clerk of court, for costs and expenses of a parish law library, and for other expenses related to the judges of the criminal courts and the office of the district attorney. In the Second Judicial District, the criminal court fund shall be used to defray the expenses of the criminal court system. (2) All fines and forfeitures, except for forfeitures of criminal bail bonds posted by a commercial surety imposed by district courts and collected by the sheriff or executive officer of the court for violations of municipal ordinances shall be disbursed as follows, except in the case of violations of any of the provisions of Title 32 of the Louisiana Revised Statutes of 1950, wherein such proceeds shall be distributed in accordance with Subparagraph (A)(1)(a) of this Section: L. All judgments of bond forfeiture rendered after June 22, 1993, resulting from the posting of a commercial surety bond in a criminal proceeding in the state of Louisiana upon collection by the prosecuting attorney for the jurisdiction in which the bond was posted shall be paid to the prosecuting attorney who shall, as attorney of record in the proceeding, distribute the funds as follows: REASON FOR PROPOSAL (brief description of need for change): The reason for the proposal is to simplify the distribution of forfeitures of criminal bail bonds. Currently, the sheriff or the district attorney has to specify which forfeitures resulted from the Page 2 of 7

3 posting of a commercial surety bond and which did not, because they are not distributed the same. This different distribution adds extra work to the sheriff for which he receives less of a percentage. All forfeitures of criminal bail bonds should be disbursed in the same way. PROPOSER S I.D. INFORMATION: Name & Title: Sarah Tirrell, ADA Forfeiture Division JD: 19th Address: 222 St. Louis Street, Baton Rouge, LA Phone: (225) Fax: (225) I understand that my participation may be required in ADA Board and ADA Legislative Advisory Committee meetings and/or LDAA Board and LDAA Legislative Committee meetings. If this proposal is accepted as part of the 2016 LDAA Legislative Package, I agree to personally attend legislative committee hearings and be available to testify on any bill filed as a result of this proposal. Elected District Attorney s Signature: (required) Proposer s Signature: completed proposals to LEGISLATIVEPROPOSALS@LDAA.ORG. Page 3 of 7

4 Detailed Reasons Memo (citations, case law, examples, potential opposition, etc.) MEMORANDUM TO: FROM: LDAA BOARD OF DIRECTORS ALL ELECTED DISTRICT ATTORNEYS PROPOSER, Sarah Tirrell DATE: 10/19/15 RE: 2016 LEGISLATIVE PROPOSAL The current law specifically provides for the distribution of forfeitures of criminal bail bonds posted by commercial sureties. The currently law does not specifically provide for the distribution of forfeitures of criminal bail bonds not posted by commercial sureties. Forfeitures of criminal bail bonds not posted by commercial sureties are distributed like any other criminal fine or forfeiture. The proposal will simplify the distribution of forfeitures of criminal bail bonds. Currently, commercial surety bonds are distributed differently than other surety bonds in criminal matters. All bonds are posted the same way and the forfeitures are issued the same way. There is no reason that the forfeitures should not be distributed the same way. The collection of bond forfeitures takes a lot of work by the District Attorney. It is as much, if not more work to collect on a personal surety bond as it is to collect on a commercial surety bond. Once the forfeiture is paid, the money has to be distributed by the sheriff. By have different processes for commercial bonds and noncommercial bonds, the District Attorney is required to specify which payments resulted from the forfeiture of a commercial surety bond and which did not. The sheriff then has to do extra work to process the two types of distributions. Both the Sheriff and the District Attorney receive less money for distribution of noncommercial surety bonds while the work is the same if not more. Additionally the IDB gets cut out completely for noncommercial surety bonds. The only winner in this situation is the criminal court fund, which more than triples its percentage. Example: If a $1,000 commercial surety bond were forfeited and paid the distribution would be as follows: DA $300, Sheriff $250, Criminal Court Fund $250 and IDB $200. If a $1,000 cash bond were forfeited and ordered disbursed the distribution would be as follows: DA $120, Sheriff $120, Criminal Court Fund $760 and IDB $0. Page 4 of 7

5 Talking Points (1-2 page explanation of your memo in lay terms) TALKING POINTS The currently system is more complicated than it needs to be. The proposal with simplify the system by treating all bond forfeitures the same. The DAs and the Sheriffs should not get less money for noncommercial surety bonds when the work to process then is the same or more. The IDB is currently being cut out of any money on noncommercial surety bonds. The criminal court fund gets more than triple the money on noncommercial surety bonds for no additional work or interest. Page 5 of 7

6 Proposal in Bill Form SLS / HLS - O R I G I N A L Regular Session 2016 SENATE BILL NO. / HOUSE BILL NO. BY: SENATOR / REPRESENTATIVE AN ACT Be it enacted by the Legislature of Louisiana: 15: Dispositions of fines and forfeitures. A. (1) (a) All fines and forfeitures, except for forfeitures of criminal bail bonds posted by a commercial security imposed by district courts and district attorneys, conviction fees in criminal cases, and prosecutions for violations of state law or parish ordinances, upon collection by the sheriff or executive officer of the court, shall be paid into the treasury of the parish in which the court is situated and deposited in a special Criminal Court Fund account, which, on motion by the district attorney and approval order of the district judge, may be used or paid out in defraying the expenses of the criminal courts of the parish as provided in Ch.C. Articles 419 and 421 and R.S. 16:6, in defraying the expenses of those courts in recording and transcribing of testimony, statements, charges, and other proceedings in the trial of indigent persons charged with the commission of felonies, in defraying their expenses in the preparation of records in appeals in such cases, for all expenses and fees of the petit jury and grand jury, for witness fees, for attendance fees of the sheriff and clerk of court, for costs and expenses of a parish law library, and for other expenses related to the judges of the criminal courts and the office of the district attorney. In the Second Judicial District, the criminal court fund shall be used to defray the expenses of the criminal court system. Page 6 of 7

7 (2) All fines and forfeitures, except for forfeitures of criminal bail bonds posted by a commercial surety imposed by district courts and collected by the sheriff or executive officer of the court for violations of municipal ordinances shall be disbursed as follows, except in the case of violations of any of the provisions of Title 32 of the Louisiana Revised Statutes of 1950, wherein such proceeds shall be distributed in accordance with Subparagraph (A)(1)(a) of this Section: L. All judgments of bond forfeiture rendered after June 22, 1993, resulting from the posting of a commercial surety bond in a criminal proceeding in the state of Louisiana upon collection by the prosecuting attorney for the jurisdiction in which the bond was posted shall be paid to the prosecuting attorney who shall, as attorney of record in the proceeding, distribute the funds as follows: Page 7 of 7