CCRP 885.1     

Art. 885.1. Suspension of driving privileges; failure to pay criminal fines

NOTE: Paragraph A effective until August 1, 2018. See Acts 2017, No. 260,§1.

            A. When a fine is levied against a person convicted of any criminal offense, including any violation of the Louisiana Highway Regulatory Act or any municipal or parish ordinance regulating traffic in any municipality or in any parish and the defendant is granted an extension of time to pay the fine, the judge of the court having jurisdiction may order the driver's license to be surrendered to the sheriff or official of the court collecting fines for a period of time not to exceed one hundred eighty days. If, after expiration of one hundred eighty days, the defendant has not paid the fine, the sheriff or official of the court designated to collect fines shall forward the license to the Department of Public Safety and Corrections.

NOTE: Paragraph A as amended by Acts 2017, No. 260, §1, effective August 1, 2018.

            A. When a fine is levied against a person convicted of any felony criminal offense and the defendant is able but has willfully refused to pay the fine, the judge of the court having jurisdiction may order the driver's license to be surrendered to the sheriff or official of the court collecting fines for a period of time not to exceed one hundred eighty days.

            B. Upon receipt of a surrendered driver's license, the sheriff or court official responsible for collection of such fines shall issue a temporary permit for a period not to exceed one hundred eighty days or for a period of time set forth by the judge having jurisdiction. The temporary permits, the procedure for distributing such permits, and the rules and regulations associated with such permits shall be the same as devised by the Department of Public Safety and Corrections as required by R.S. 32:411.1.

NOTE: Paragraph C effective until August 1, 2018. See Acts 2017, No. 260,§1.

            C. If, after expiration of one hundred eighty days, the defendant has not paid the fine, the sheriff or official of the court designated to collect fines shall forward the license to the Department of Public Safety and Corrections. Upon receipt of the defendant's surrendered driver's license, the department shall suspend the driver's license of the defendant. The suspension shall begin when the department receives written notification from the court, and the department shall send immediate written notification to the defendant informing him of the suspension of driving privileges.

NOTE: Paragraph C as amended by Acts 2017, No. 260, §1, effective August 1, 2018.

            C. If, after expiration of one hundred eighty days, the court finds that the defendant remains able but has willfully refused to pay the fine, the sheriff or official of the court designated to collect fines shall forward the license to the Department of Public Safety and Corrections. Upon receipt of the defendant's surrendered driver's license, the department shall suspend the driver's license of the defendant. The suspension shall begin when the department receives written notification from the court, and the department shall send immediate written notification to the defendant informing him of the suspension of driving privileges.

NOTE: Paragraph D effective until August 1, 2018. See Acts 2017, No. 260,§1.

            D. The department shall not reinstate, return, reissue, or renew a driver's license in its possession pursuant to this Section until payment of the fine and any additional administrative cost, fee, or penalty required by the judge having the jurisdiction and any other cost, fee, or penalty required by the department in accordance with R.S. 32:414(H) or other applicable cost, fee, or penalty provision.

NOTE: Paragraph D as amended by Acts 2017, No. 260, §1, effective August 1, 2018.

            D. The department shall reinstate, return, reissue, or renew a driver's license in its possession pursuant to this Section upon payment of the fine and any additional administrative cost, fee, or penalty required by the judge having the jurisdiction and any other cost, fee, or penalty required by the department in accordance with R.S. 32:414(H) or other applicable cost, fee, or penalty provision.

            Acts 2003, No. 364, §1; Acts 2017, No. 260, §1, eff. August 1, 2018.