DA ACTION DATE REVISED LOUISIANA DISTRICT ATTORNEYS ASSOCIATION PROPOSAL FORM 2016-12



Similar documents
Michigan Supreme Court State Court Administrative Office Michigan Hall of Justice P.O. Box Lansing, Michigan Phone (517)

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition)

~tate of 1fioUtStaUa DEPARTMENT OF JUSTICE. May 11, 2015 OPINION

General District Courts

Use of Bail/Bond Funds for Restitution

AMENDED ADMINISTRATIVE ORDER GOVERNING A COLLECTIONS COURT PROGRAM IN ORANGE COUNTY

Your Guide to Bail Bonds in Colorado

FAMILY COURT OF THE STATE OF DELAWARE POLICY MEMORANDUM REGARDING BAIL BONDS

Glossary of Court-related Terms

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP

Criminal Justice System Commonly Used Terms & Definitions

# $There is substantial authority for the tax

Subchapter Criminal Procedure in District Court

Courtroom Terminology

The Texas Judicial System. Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in

Chapter 18a Powers and Duties of County and District Attorney. Part 1 General Provisions

RARITAN VALLEY COMMUNITY COLLEGE ACADEMIC COURSE OUTLINE ROLE OF THE PARALEGAL LEGL-101

Title 15: COURT PROCEDURE -- CRIMINAL

Jon A. Gegenheimer JEFFERSON PARISH CLERK OF COURT. 1 st Parish Court 924 David Dr. Metairie LA (504)

RULES FOR LOUISIANA DISTRICT COURTS. TITLES I, II, and III Criminal District Court Parish of Orleans

Part 3 Counsel for Indigents

Rule 6 Adopted at a joint meeting of the District and County Court at Law Judges of Webb County on December 2, 2009

Colorado Revised Statutes 2014 TITLE 20

NC General Statutes - Chapter 15A Article 17 1


Your Criminal Justice System

RULES FOR LOUISIANA DISTRICT COURTS. TITLES I, II, and III Fourteenth Judicial District Court Parish of Calcasieu

NOTICE OF ANNUAL SECRET BALLOT ELECTIONS TO ELECT THE FOLLOWING MEMBERS OF THE ELLIS COUNTY BAIL BOND BOARD FOR THE 2016 TERM PURSUANT TO SECTION 1704

STATE OF LOUISIANA NO KA-1429 VERSUS COURT OF APPEAL JACOLVY NELLON FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

Securities Whistleblower Incentives and Protection

(B) The amount of the monetary condition shall be reasonable.

Filing Fee $ Instructions for Sealing a Criminal Record

Bail Bonds Best Practices APPENDIX

How To Write A Law In Oklahoma

Commodity Futures Trading Commission Commodity Whistleblower Incentives and Protection

1. Applicable Statutes A. CODE OF ALABAMA TITLE 15. CRIMINAL PROCEDURE. CHAPTER 13. BAIL. ARTICLES 1-6.

A. Asset Forfeiture Laws in Colorado

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

Municipal Court Clerk/ Chief Magistrate Town of Harpersville. Salary: The Municipal Clerk/Chief Magistrate salary range will be based on experience.

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985

REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Public Safety & Domestic Security Policy Committee Padgett Kramer SUMMARY ANALYSIS

How To File An Appeal In The United States

The Circuit Court. Judges and Clerks. Jurisdiction

CRIMINAL & TRAFFIC DIVISION COST SCHEDULE

JEFFERSON COUNTY BAIL BOND BOARD RULES AND REGULATIONS

The Legal System in the United States

IN THE SUPREME COURT OF MISSISSIPPI NO IA SCT

An Introduction to the Federal Public Defender=s Office and the Federal Court System

Original FAQ Prepared July 30, 2013

SHORT TITLE: Criminal procedure; creating the Oklahoma Drug Court Act; codification; emergency.

Case 2:14-cr SRD-SS Document 19 Filed 01/14/15 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * CRIMINAL NO.

Your Guide to Illinois Traffic Courts

Subtitle B Increasing Regulatory Enforcement and Remedies

COURT SCHEDULING ISSUES

MARYLAND LAWS ON PRETRIAL RELEASE Page 1 of 98

Florida Senate SB 872

SENATE BILL 1486 AN ACT

District Court of Maryland

RULES OF COURT Harris County Criminal Courts at Law

CHAPTER 49. PROSECUTING ATTORNEYS. CRIMINAL PROCEEDINGS IN SUPREME COURT Act 72 of The People of the State of Michigan enact:

Notice of Proposed Local Rule Amendments and Finding Good Cause to Deviate From Established Schedule May 15, 2014

FY13 Actual FY14 Budget FY15 Budget

Chapter 3. Justice Process at the County Level. Brooks County Courthouse

Boulder Municipal Court Boulder County Justice Center P.O. Box th Street Boulder, CO

Chapter 1. Framework and Function of County Government. Grimes County Courthouse

From the law office of. Rufus Alldredge. Gulfport, MS Mississippi Gulf Coast Criminal and DUI Defense Lawyer

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

How TO APPEAL A DECISION OF A MUNICIPAL COURT

Title 15: COURT PROCEDURE -- CRIMINAL

A Federal Criminal Case Timeline

HANDBOOK FOR JURORS IN CRIMINAL AND CIVIL CASES IN THE. For the. Parish of St. Charles. Courthouse. Hahnville, Louisiana JUDGES

Certification Guidelines for Local Victim Assistance Programs

WEST VIRGINIA LEGISLATURE. Senate Bill 411

How to Clear an Arrest from Your Record in Texas (Expunction)

CONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2605

INVITATION TO COMMENT

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

2 of 2 DOCUMENTS. MARYLAND RULES Copyright (c) 2005 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved.

JAN "Board" means the law enforcement officer independent. "Law enforcement agency" means any county police

Table of Contents INTRODUCTION... 3

Orientation for Contract Court Interpreters PRETRIAL HEARINGS

SEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney

Information for Crime Victims and Witnesses

18 U.S.C General rules for civil forfeiture proceedings

STUDENT STUDY GUIDE CHAPTER NINE

Purpose of the Victim/Witness Unit

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS COMMONWEALTH SUPERIOR COURT RULES GOVERNING PROCEDURE IN TRAFFIC CASES TABLE OF CONTENTS PAGE RULE

County Clerk $ County Clerk $ $ Law Library. Records Management Fee $ Records Management Fee $ 10.00

SENATE, No. 296 STATE OF NEW JERSEY. 216th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes.

RULE. Office of the Governor Real Estate Appraisers Board. Appraisal Management Companies (LAC 46:LXVII.Chapters )

GENERAL ASSEMBLY OF NORTH CAROLINA Session Legislative Fiscal Note

VI. Preparing for Successful Prosecution

The Non-Monetary Bail Act, 2005

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia

STATE OF MICHIGAN COURT OF APPEALS

ORDINANCE NO. 04- I O

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

Transcription:

#2016-12 LOUISIANA DISTRICT ATTORNEYS ASSOCIATION PROPOSAL FORM 2016-12 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. 15:571.11 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.) 15:571.11. 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. (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

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 70802 Phone: (225)389-5485 Fax: (225)389-5614 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: Email completed proposals to LEGISLATIVEPROPOSALS@LDAA.ORG. Page 3 of 7

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

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

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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Be it enacted by the Legislature of Louisiana: 15:571.11. 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

1 2 3 4 5 6 7 8 9 10 11 12 13 (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