SB 448

2026 Regular Session  ENROLLED
  ACT No. 769
 SENATE BILL NO. 448
 BY SENATOR LUNEAU
1AN ACT
2 To amend and reenact R.S. 15:142(F), 168(E), and 175(B)(1), and to enact R.S. 15:142(G)
3and 175(E), relative to the Louisiana Public Defender Act; to provide for legislative
4findings; to provide for the judicial district indigent defender fund; to provide for
5proceedings to determine indigency; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7Section 1. R.S. 15:142(F), 168(E), and 175(B)(1) are hereby amended and reenacted
8 and R.S. 15:142(G) and 175(E) are hereby enacted to read as follows:
9§142. Legislative findings
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11F. It is the express intention of the legislature that all funds received
12through any state appropriation, any judicial district indigent defender fund as
13provided for in R.S. 15:168, and any funds received from local governments
14shall not be used for any purposes other than to provide for the administration
15of services and representation of public defender clients.
16G. It is the express intention of the legislature that the office respect local
17differences in practice and custom regarding the delivery of public defender services.
18The provisions of this Part are to be construed to preserve the operation of district
19public defender programs which provide effective assistance of counsel and meet
20performance standards in whatever form of delivery that local district has adopted,
21provided that method of delivery is consistent with standards and guidelines adopted
22by the office pursuant to rules and as required by statute.
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24§168. Judicial district indigent defender fund
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26E.(1) (1) Notwithstanding any provision of law to the contrary, each judicial
27district is allowed to accumulate funds for the purposes of retaining expert witnesses.
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  words in boldface type and underscored are additions.
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1The district public defender, in his discretion, shall determine how payments shall
2be administered and which experts shall be paid.
3(2) Any person who has retained private counsel but is found to be indigent
4may apply for funds for expert witnesses in the same manner as public defender
5clients. Each person shall apply for the funds by making application to the district
6defender of the district having jurisdiction and shall be subject to the same
7requirements as indigent clients.
8(3) No court shall have jurisdiction to order the payment of any funds
9administered by the office or district public defender for expert witnesses, or for any
10other reason unless the person makes an application in accordance with R.S.
1115:175(A). If the district public defender or state public defender declines the
12application for expert witness funding, the matter may be fixed for a
13contradictory hearing that is closed to the public and without the presence of
14the prosecuting authority. All recordings and transcripts of the contradictory
15hearing shall be sealed. To require the payment of any expert witness fee, the
16applicant shall demonstrate by a preponderance of the evidence at the hearing
17and the court shall make specific findings as follows:
18(a) The applicant is actually indigent.
19(b) Private counsel of the applicant does not have funds that may be used
20for expert witnesses.
21(c) The source of funding for private counsel is not available for expert
22witnesses.
23(d) The applicant has demonstrated with a reasonable degree of
24specificity what type of expert is needed and the purpose of the expert.
25(e) There is a reasonable probability that denial of the expert's assistance
26would result in a fundamentally unfair trial for the applicant.
27(2) The findings and ruling of the court are subject to immediate
28interlocutory review by the appellate court of competent jurisdiction.
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30§175. Proceedings to determine indigency
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2B.(1) In determining making a preliminary determination as to whether
3or not a person is indigent and entitled to the appointment of counsel, the court shall
4consider whether the person is a needy person and the extent of his ability to pay.
5The court may consider such factors as income or funds from employment or any
6other source, including public assistance, to which the accused is entitled, property
7owned by the accused or in which he has an economic interest, outstanding
8obligations, the number and ages of dependents, employment and job training
9history, and level of education.
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11E. Notwithstanding any provision of law to the contrary, no clerk of
12court shall charge or collect any fees, including convenience fees, for the filing
13of a writ application or an appeal when a determination has been made that the
14applicant or appellant is indigent.
  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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  Coding: Words which are struck through are deletions from existing law;
  words in boldface type and underscored are additions.