§ 40:2266.1 — Optional revenues; collection, handling, and disbursement thereof

Louisiana § 40:2266.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2266.1. Optional revenues; collection, handling, and disbursement thereof
A. In all parishes in which a criminalistics laboratory commission is now or is
hereafter established and also in each parish in which the governing authority thereof elects
to become a participating parish with a criminalistics laboratory commission as set forth
hereinafter, optional methods of obtaining revenues as set forth in this Chapter may be used
by the criminalistics laboratory commission with the concurrence and approval of the local
governing body of each parish involved.
B.(1) In all criminal cases prosecuted under state statutes, parish ordinances, or city
ordinances in any mayor's, city, parish, or district court of the state of Louisiana located
within a parish which, upon approval of the governing body of such parish, is or hereafter
becomes a part of a criminalistics laboratory commission or of a sheriff's criminalistics
laboratory as established by a legislative act, except in the city courts of the parish of
Jefferson where taxation of the following costs shall be optional, there shall be taxed as costs
against every defendant who is convicted after trial, or who enters a plea of guilty or of nolo
contendere, or who forfeits his bond, a sum in accordance with the following schedule:
(a) Operating a vehicle while intoxicated and drug offenses--fifty dollars.
(b) Crimes defined in Title 14 of the Louisiana Revised Statutes of 1950--ten dollars.
(c) Except as provided in Paragraph (2) of this Subsection, violations of the
provisions of Title 32 of the Louisiana Revised Statutes of 1950, or of city or parish traffic
ordinances--thirty dollars.
(2) Notwithstanding any provision of law to the contrary, a sum of ten dollars shall
be charged or collected in the following cases:
(a) Operating a vehicle with an expired inspection sticker.
(b) Operating a vehicle with an expired driver's license.
(c) Operating a vehicle without a driver's license upon one's person.
(d) Improper use of a safety belt in violation of R.S. 32:295.1.
(e) The commission of any offense defined in Title 56 of the Louisiana Revised
Statutes of 1950.
(3) The sums herein specified shall be fixed by the governing authority of the
parishes that are participating in the criminalistics laboratory commission subject to the
maximum amounts herein specified, and shall be taxed as costs and collected by the proper
authority of the courts in which the prosecutions are brought; however, upon written request
of each governing authority that participates in the criminalistics laboratory commission,
such sums may be collected out of each fine imposed by a court in lieu of being added as
additional costs in that court.
(4) The sums so collected shall be remitted to the respective laboratory governing
authorities, or to their designated custodians, on the first day of each month.
(5) The sums so received by the laboratory governing authorities shall be used for
the necessary operating expenses of the commissions and the laboratories.
(6) Repealed by Acts 2015, No. 305, §2.
C. The respective laboratory commission may designate as custodian of the fund the
secretary-treasurer of a particular governing authority and if so his bond shall be applicable
to this fund as to all others under his custody.
D. The sums hereinabove provided for shall form no part of the criminal court fund
of the court in which they are collected and shall be used exclusively for the operation and
expenses of the respective criminalistics laboratory; however, upon written request by
official action of the governing authority of any particular parish the sums accruing in district
courts in that parish may be collected out of each fine imposed in lieu of being added as
additional costs. The sums collected in any case may be reduced if in the judgment of the
respective commission sufficient funds are available for operation of the laboratory with the
reduced funds.
E. The sums received by the respective criminalistics laboratory commission shall
be used by the commission for necessary expenses of the commission and the criminalistics
laboratory, including operating expenses, funds reserved for depreciation, and capital
expenses. The commission shall annually prepare a budget which shall be approved by at
least a majority of the governing authorities of the parishes which the commission serves.
If revenues from the fees collected are not sufficient to pay the costs incurred as approved
by the governing authorities in the budget, each governing authority may pay from its general
fund its pro rata share of the amount necessary to eliminate the deficit, based upon the ratio
which the assessed valuation of property in that parish bears to the total assessed valuations
of property in all of the parishes.
F. The sheriff of each parish, each municipality that operates a police department,
and each district attorney who represents one or more parishes within the respective
criminalistics laboratory commission area may make a direct contribution to the respective
criminalistics laboratory commission, the sheriff from his salary fund, and the district
attorney and municipality that operates a police department from any funds available to
defray expenses of their office, including but not limited to pretrial intervention or diversion,
from time to time in order to assist in alleviating any deficit that may be existing in the
operating funds of the laboratory commission.
NOTE: See Acts 2015, No. 305, §3. Contingent provisions are now effective per the
October 6, 2015, minutes of the Judicial Council of the Supreme Court of Louisiana which
indicate approval of the changes made in Acts 2015, No. 305.

Legislative History

Added by Acts 1972, No. 174, §1. Amended by Acts 1973, No. 160, §1; Acts 1981, No. 168, §2; Acts 1992, No. 814, §1; Acts 1993, No. 977, §1; Acts 2015, No. 305, §§1, 2; Acts 2022, No. 235, §1.