Amendment vs bill House Committee Amendment, #1384, ACRJ, Draft vs HB479 Original

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HLS 26RS-640 ORIGINAL Regular Session HOUSE BILL NO.
HCAHB479 4825 1384 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.
479 BY REPRESENTATIVE KNOX CRIMINAL/JUSTICE:
479 by Representative Knox AMENDMENT NO.
Creates the Fiscal Truth in Sentencing Act AN ACT To enact Chapter 44 of Title 13 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
1 On page 1, delete line 16 in its entirety and insert the following:
13:6001, relative to fiscal truth in sentencing;
"(1) The Department of Public Safetyand Corrections" Page 1 of 1 CODING:
to provide for duties of clerks of court and the legislative auditor;
to provide for reports on budgets;
to provide for civil immunity;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
Chapter 44 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S.
13:6001, is hereby enacted to read as follows:
CHAPTER 44.
FISCAL TRUTH IN SENTENCING ACT §6001.
Fiscal Truth in Sentencing Act;
creation, authority, and duties A.
TheFiscalTruthin SentencingActis establishedin this Chapterto assist the legislative budgeting process and provide public transparency of financing the criminal justice system.
B.
Forthepurposesofthis Act, eachdistrict clerk of court hasthefollowing duties and obligations:
(1) Each district clerk of court responsible for maintaining criminal records shall provide the legislative auditor with no less than quarterly reports with sentencing data, as defined in Subsection C of this Section, for the purpose of state Page 1 of 4 CODING:
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HLS 26RS-640 ORIGINAL HB NO.
479 budget projections, as of the effective date of this Chapter.
The provisions of this Paragraph do not apply to traffic violations.
(2)(a) Notwithstanding anyotherprovision oflawto the contrary, including but not limited to Children's Code Article 412, each district clerk of court and the clerk of the Juvenile Court for the parish of Orleans as defined in R.S.
13:1587.1, whoisresponsibleforjuvenilecourtrecordsshall transmit to thelegislative auditor, nolessthanquarterly,reportswithsentencingdataasdefinedinSubsectionCofthis Sectionofallcasesinvolvingjuvenilessentencedtoincarceration.
Nootherrecords or images, other than sentencing data as defined in Section C, are required to be transmitted in accordance with this Section.
(b) The provisions of this Paragraph are applicable onlyto sentences issued on or after August 1, 2026.
C.
For the purposes of this Chapter, the term "sentencing data" includes but is not limited to the following:
(1) Thenumberofindividualssentencedtoconfinementperjudgepresiding.
(2) The total number of years of confinement per judge presiding.
(3) For each person sentenced to twenty years or more, their age at the time of sentencing.
D.
The Division of Administration shall report to the legislative auditor by Octoberfifteenthofeachyearthefinal budget figuresforthepriorfiscalyearforthe following budget units:
(1) Department of Public Safetyand Corrections - Corrections Services.
(2) Department of Public Safetyand Corrections - office of juvenile justice.
(3) Department of Public Safety and Corrections - Municipal Police Supplemental Payments and Deputy Sheriffs' Supplemental Payments.
(4) Office of the state public defender.
(5) The Judiciary.
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(6) District Attorneys and Assistant District Attorneys.
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HLS 26RS-640 ORIGINAL HB NO.
479 E.
The legislative auditor shall provide an annual report to the House Committee on Appropriations and the Senate Committee on Finance no later than Decemberfifteenthofeachyear.
Thereportshallprojectthefive-yearincarceration costsusingtheaggregatedsentencingdataprovidedpursuanttoSubsectionBofthis Section,alongwithanyotherrelevantdataincludingbutnotlimitedtothefollowing:
(1) Budget data collected pursuant to Subsection D of this Section.
(2) Appropriations in the most recently enacted comprehensive capital budget for construction and improvements of prisons and jails.
(3) Appropriations in the most recently enacted state budget for state debt service related to prisons and jails.
(4) Civil judgments and damages awarded in cases related to prisons and jails.
(5) The Corrections Primaryand SecondaryPlan within the Louisiana State Employees' Retirement System.
(6) Using the aggregated data, an estimated average cost to incarcerate a person in this state per reporting year.
E.
Notwithstandinganyprovisions oflawto thecontrary,theclerks ofcourt and their employees and agents;
the legislative auditor, including its employees and agents;
and anyother state or local entity or political subdivision that is responsible forprovidinginformationtotheclerksofcourtshallbeimmunefromliabilityarising fromanyactsoromissionsrelatedtocompliancewiththeprovisionsofthisSection.
The provisions of this Section shall not be construed to limit, withdraw, or overturn any other applicable defense or immunity available to public officials or public entities.
F.
Reporting byclerks shall commence with the last quarter of 2026, and at the conclusion of every quarter thereafter.
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HLS 26RS-640 ORIGINAL HB NO.
479 DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
It constitutes nopart of the legislative instrument.
The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.
[R.S.
1:13(B) and 24:177(E)] HB 479 Original 2026 Regular Session Knox Abstract:
Requires clerks of courts and the legislative auditor to provide reports to the legislature regarding sentencing costs and budgets.
Proposed law requires clerks of court to submit quarterly reports to the legislative auditor containing sentencing data such as:
the number of individuals sentenced, the total number of years sentenced, and the ages of people sentenced to 20 years or more.
Proposed law requires the legislative auditor to provide an annual report to the House Committee on Appropriations projecting five-year incarceration costs using data from the quarterly report submitted by the clerks of court.
Proposed law provides immunity to the clerks of court and legislative auditor for acts and omissions related to complying with proposed law.
Proposed law requires clerks to report beginning with the last quarter of 2026 and at the conclusion of each quarter thereafter.
(Adds R.S.
13:6001) Page 4 of 4 CODING: