SB 448 — PUBLIC DEFENDER: Provides relative to the office of the state public defender. (8/1/26)

SLS 26RS-983 ENGROSSED Regular Session ENROLLED SENATE BILL NO.

448 BY SENATOR LUNEAU PUBLICAN DEFENDER.ACT To amend and reenact R.S.

Provides relative to the office of the state public defender.

(8/1/26) AN ACT To amend and reenact R.S.

15:142(G) and 175(E), relative to the Louisiana Public DefenderAct;Defender Act;

15:168, and any funds received from local governments shall not be used for any purposes otherotherthan thanto toprovidefortheprovide for the administration of services and representation of public defender clients.

PageThe 1provisions of 4this Coding:Part are to be construed to preserve the operation of district public defender programs which provide effective assistance of counsel and meet performance standards in whatever form of delivery that local district has adopted, providedthatmethodofdeliveryisconsistentwithstandardsandguidelinesadopted by the office pursuant to rules and as required bystatute.

* * * §168.

Judicial district indigent defender fund * * * E.(1) (1) Notwithstandinganyprovision of law to the contrary, each judicial districtisallowedtoaccumulatefundsforthepurposesofretainingexpertwitnesses.

Page 1 of 3 Coding:

SLS 26RS-983 ENGROSSED SB NO.

448 ENROLLED The provisions of this Part are to be construed to preserve the operation of district public defenderdefender, programs which provide effective assistance of counsel and meet performance standards in whateverhis formdiscretion, ofshall deliverydetermine thathow localpayments districtshall hasbe adopted,administered providedthatmethodofdeliveryisconsistentwithstandardsandguidelinesadoptedand bywhich theexperts officeshall pursuantbe topaid. rules and as required bystatute.

* * * §168.

Judicial district indigent defender fund * * * E.

(1) Notwithstanding any provision of law to the contrary, each judicial districtisallowedtoaccumulatefundsforthepurposesofretainingexpertwitnesses.

The district public defender, in his discretion, shall determine how payments shall be administered and which experts shall be paid.

(3) No court shall have jurisdiction to order the payment of any funds administeredbytheofficeordistrict publicdefenderforexpertwitnesses,orforany other reason.reason unless the person makes an application in accordance with R.S.

15:175(A).

If the district public defender or state public defender declines the application for expert witness funding, the matter may be fixed for a contradictory hearing that is closed to the public and without the presence of the prosecuting authority.

All recordings and transcripts of the contradictory hearing shall be sealed.

To require the payment of any expert witness fee, the applicant shall demonstrate by a preponderance of the evidence at the hearing and the court shall make specific findings as follows:

(a) The applicant is actually indigent.

(b)Privatecounseloftheapplicantdoesnothavefundsthatmaybeused for expert witnesses.

(c) The source of funding for private counsel is not available for expert witnesses.

(d) The applicant has demonstrated with a reasonable degree of specificity what type of expert is needed and the purpose of the expert.

(e)Thereisareasonableprobabilitythatdenialoftheexpert'sassistance would result in a fundamentally unfair trial for the applicant.

(2) The findings and ruling of the court are subject to immediate interlocutory review by the appellate court of competent jurisdiction.

Proceedings to determine indigency *Page *2 * B.(1) In determining making a preliminary determination as to whether or not a personis indigentand entitled to the appointment of counsel,3 theCoding: court shall consider whether the person is a needy person and the extent of his ability to pay.

The court may consider such factors as income or funds from employment or any other source, including public assistance, to which the accused is entitled, property owned by the accused or in which he has an economic interest, outstanding Page 2 of 4 Coding:

SLS 26RS-983 ENGROSSED SB NO.

448 obligations,ENROLLED the* number* and* agesB.(1) In determining making a preliminary determination as to whether or not a personis indigentand entitled to the appointment of dependents,counsel, employmentthe andcourt jobshall trainingconsider history,whether the person is a needy person and levelthe extent of education.his ability to pay.

The court may consider such factors as income or funds from employment or any other source, including public assistance, to which the accused is entitled, property owned by the accused or in which he has an economic interest, outstanding obligations, the number and ages of dependents, employment and job training history, and level of education.

Notwithstanding any provision of law to the contrary, no clerk of court shall charge or collect any fees, including convenience fees, for the filing ofawritapplicationoranappealwhenadeterminationhasbeenmadethattheofawritapplication oranappealwhenadeterminationhasbeenmadethatthe applicant or appellant is indigent.

ThePRESIDENT originalOF instrumentTHE andSENATE theSPEAKER followingOF digest,THE whichHOUSE constitutesOF noREPRESENTATIVES partGOVERNOR ofOF theTHE legislativeSTATE instrument,OF wereLOUISIANA preparedAPPROVED: bySenate Legislative Services.

ThePage keyword,3 summary, and digest do not constitute part of the3 lawCoding: or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 448 Engrossed 2026 Regular Session Luneau Proposed law prohibits all funds received through any state appropriation, any judicial district indigent defender fund as provided for in present law, and any funds received from local governments being used for anypurposes other than to provide for the administration of services and representation of public defender clients.

Present law requires that the office of the state public defender (office) respect local differencesinpracticeandcustomregardingthedeliveryofpublicdefenderservicesandthat present law be construed to preserve the operation of district public defender programs which provide effective assistance of counsel and meet performance standards in whatever form of delivery that local district has adopted, provided that method of delivery is consistent with standards and guidelines adopted by the office pursuant to rules and as required by statute.

Proposed law retains present law.

Presentlawauthorizeseachjudicialdistricttoaccumulatefundsforthepurposesofretaining expert witnesses.