LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 9 HLS 202ES 50
Bill Text Version: REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: October 18, 2020 2:29 PM Author: MCCORMICK
Dept./Agy.: Corrections/Local Courts/District Attorneys
Subject: Immunity from civil liability and criminal prosecution Analyst: Rebecca Robinson
LIABILITY RE SEE FISC NOTE LF EX See Note Page 1 of 1
Provides immunity from civil liability and criminal prosecution for certain persons during declared emergencies (Items #2,
28, and 60)
Proposed legislation provides that no person shall be liable for a criminal penalty, fine, or other monetary penalty and shall
not be confined to a jail for attending a church service or other religious assembly during a declared state of emergency.
The proposed legislation shall apply to all actions, charges, or claims pending on or filed after the effective date of the
legislation.
Effective upon signature of the Governor.
EXPENDITURES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
EXPENDITURE EXPLANATION
There is a potential expenditure impact to local Clerks of Court, District Attorney’s offices, and local law enforcement as
those entities would no longer have to expend funds for certain criminal prosecutions. The LFO is aware of one instance
where an individual is facing criminal prosecution related to violating the Governor’s Emergency Orders regarding COVID-19
and has requested information from the 19th Judicial District Court (JDC) Clerk of Court’s office and the East Baton Rouge
District Attorney’s office as to the costs incurred to date. However, the LFO has not received any information at the time of
this writing. Given the limited nature of the restrictions which only apply during emergency situations and the actual
number of these prosecutions, impacts are not anticipated to be material.
Proposed law may result in a Local Funds expenditure impact to the extent elimination of imprisonment for a misdemeanor
charge results in a net decrease of days imprisoned statewide. The total expenditure impact is indeterminable and not
anticipated to be significant.
REVENUE EXPLANATION
There is a potential revenue impact to local Clerks of Court, District Attorney’s offices, and local law enforcement as these
offices may no longer receive fines or costs assessed as a result of a conviction in certain criminal prosecutions. However,
given the limited nature of the restrictions which only apply during emergency situations and the actual number of these
prosecutions; impacts are not anticipated to be material.
For informational purposes, the 19th JDC Clerk’s office reports that court courts in the 19th JDC are $235.25 for
misdemeanors and $414.74 for felonies. Misdemeanor fines can range from $0-$500 and felony fines can range in excess of
$500.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
Alan M. Boxberger
13.5.2 >= $500,000 Annual Tax or Fee 6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director