2006 Legislation
2006 Legislative Summary
All legislation may be viewed at www.legis.state.la.us
The 2006 Legislative Session ended with two significant reforms for the indigent defense movement.
HB 1, the state budget, was approved with $20 million dollars dedicated to indigent defense services, a $10 million increase over last year's appropriation. Louisiana is the only state in the country that attempts to fund the majority of its constitutional obligation to provide indigent defense services through local court costs. This unreliable, inadequate funding stream is not resolved by the increase in the state's budget, but it does reflect a new state commitment to absorbing the cost of providing lawyers to those who cannot afford them. This bill is awaiting the Governor's signature.
SB 422 (Act 597), by Senator Lydia Jackson, requires all 41 indigent defender boards to submit uniform financial information to the state auditor, who is in turn required to make a report of these financial reports to the Legislature. The law provides penalties for failure to submit this information. The information collected by this uniform reporting will assist policymakers in making indigent defense reforms that serve indigent defendants and are accountable to Louisiana taxpayers.
Information on other bills is available in bold text at the end of each legislative summary.
2006 Legislation
The following bills relate to indigent defense services and are eligible for consideration in the 2006 Legislative session. All bills may be read and monitored on the website of the Louisiana Legislature: www.legis.state.la.us
House Bills
HB 1 (Rep. Alario): Provides for the ordinary operating expenses of state government.
This bill appropriates $20 million to the Louisiana Indigent Defense Assistance Board, which is a $10 million increase over the 2005 appropriation. SENT TO THE GOVERNOR FOR APPROVAL.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=367264
HB 68 (Rep. LaFleur): Limits civil liability for indigent defender boards.
This bill protects individuals from personal liability related to their service on indigent defender boards. SIGNED BY THE GOVERNOR, ACT 326.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=382258
HB 116 (Rep. Burns): Provides for the consolidation of Orleans Parish district courts and clerks, sheriffs, and other judicial officials and officers of Orleans Parish. NO ACTION.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=365537
HB 281 (Rep. Faucheux): Provides relative to contract attorneys for indigent defender boards.
This bill requires that a local indigent defender board first attempt to hire contract attorneys who practice within the judicial district before hiring contract attorneys outside the district. RETURNED TO CALENDAR.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=368206
HB 329 (Rep. Durand): Changes the distribution of proceeds collected from bond forfeitures in the parishes of Iberia and St. Martin.
This bill reduces the percentage of bond forfeiture proceeds that are distributed to the public defender offices in Iberia and St. Martin parishes. SENT TO THE GIVERNOR FOR APPROVAL.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=368491
HB 514 (Rep. Bruneau): Provides for consolidation of Orleans Parish district and juvenile courts and clerks, sheriffs, and other judicial officials and officers of Orleans Parish. RETURNED TO CALENDAR.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=380708
HB 567 (Rep. Toomey): Provides for the disposition of fines and forfeitures imposed in criminal cases.
Current law deposits certain funds collected by fines and forfeitures be deposited to a special fund to help defray the cost of defending indigent persons. HB 567 requires that all expenses related to the defense of an indigent defendant be paid from the public defender office budget. SUBSTITUTE MOTION BECAME HB 1385, SIGNED BY THE GOVERNOR, ACT 310.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=371254
HB 652 (Rep. Winston): Provides relative to the welfare of children.
This bill addresses the unique needs of children and families in child-need-of care cases and provides changes to present laws relating to waiver of counsel and indigent defense. SIGNED BY THE GOVERNOR, ACT 271.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=380097
HB 997 (Rep. Cravins): Provides that regional indigent defense centers can receive state funding.
This bill allows indigent defender boards to cooperate to create regional indigent defense centers, and allows these centers to seek funding from the Louisiana Indigent Defense Assistance Board (LIDAB). (duplicate of SB 515) NO ACTION.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=374289
HB 1089 (Rep. Shedler): Provides with respect to Parochial Employees' Retirement System.
This bill affects indigent defender program employees' benefits within the Parochial Employees' Retirement System. (duplicate of SB 62) NO ACTION.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=374935
Senate Bills
SB 62 (Sen. B. Gautreaux): Provides with respect to Parochial Employees' Retirement System.
This bill affects indigent defender program employees' benefits within the Parochial Employees' Retirement System. (duplicate of HB 1089) SIGNED BY THE GOVERNOR, ACT 508.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=379291
SB 205 (Sen. Murray): Dedicates two million dollars of state sales tax collected from Orleans Parish to Orleans Parish criminal justice system, including indigent defense. (duplicate of SB 352) NO ACTION.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=372355
SB 352 (Sen. Murray): Dedicates two million dollars of state income tax revenues derived from Orleans Parish to Orleans Parish criminal justice system, including indigent defense. (duplicate of SB 205) NO ACTION.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=374694
SB 411 (Sen. Malone): Requires the attorney general and district attorneys to institute a civil action against an individual who has registered to run for office in violation of the Constitution of Louisiana.
This bill proposes that if the Attorney General or District Attorney intentionally fails to bring charges forward, a penalty of $25,000 will be imposed, and paid to the indigent defender office in the judicial district where the suit should have been brought. SIGNED BY THE GOVERNOR, ACT 593.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=374887
SB 422 (Sen. Jackson): Requires the establishment of a uniform system for reporting sources of revenue and expenditures, relative to judicial district indigent defender boards.
This bill requires all 41 indigent defender boards to submit uniform financial information to the state auditor, who is in turn required to make a report of these financial reports to the Legislature. The bill also provides penalties for failure to submit this information. SIGNED BY THE GOVERNOR, ACT 597.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=374950
SB 515 (Sen. Cravins): Provides for regional indigent defense service centers.
This bill allows indigent defender boards to cooperate to create regional indigent defense centers, and allows these centers to seek funding from the Louisiana Indigent Defense Assistance Board (LIDAB). (duplicate of HB 997) RETURNED TO THE CALENDAR.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=375284
SB 631 (Sen. Mount): Provides for the consolidation of district courts and clerks, sheriffs, and other judicial officials of certain parishes.
This bill applies to parishes with a population of 475,000-500,000 residents. DID NOT PASS.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=375558
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