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LouisianaHB 10052026 Regular SessionHouseWALLET

INDIGENT DEFENSE: Provides relative to the office of the state public defender (EN NO IMPACT See Note)

Sponsored By: Nicholas Muscarello (Republican)

Signed by Governor

Judiciary BAdministration of Criminal Justice

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 4 benefits, 1 costs, 3 mixed.

Bail fee shares fund public defenders

District public defender offices receive 25% of collected criminal bail bond premium fees in most areas. The share is 22% in the Twenty-Second Judicial District. Sheriffs must send the collected fees within 60 days after receipt. These shares fund defense offices; they are not payments to people posting bail.

Forfeited bond money funds public defenders

District public defender offices receive specified shares of collected bond-forfeiture money instead of the former indigent defenders programs. The district-court share is generally 20%, excluding Orleans, Iberia, and St. Martin; Iberia and St. Martin receive 18%. Covered city and municipal courts direct 25%, excluding New Orleans municipal and traffic courts. When the attorney general collects the money, public defender offices receive 30%, and the attorney general retains 50%. The law removes the former fallback to a parish program when a local government lacked an indigent defenders program.

State oversight for parents’ legal help

The state public defender’s office oversees legal help for indigent or absent parents in child abuse and neglect cases. It sets attorney standards, audits the program, and enforces its rules. District public defender offices provide representation by default unless the state office contracts for another arrangement. Program implementation depends on appropriations or other funds and office rulemaking.

Statewide oversight and rules for public defenders

The law creates a state public defender’s office within the governor’s office to oversee public defense across Louisiana. The governor appoints its leader for a two-year term, with Senate approval. A nine-member board supervises the office and must approve contracts of $250,000 or more. Board members need eight years of Louisiana legal practice or service as a Louisiana judge. Their appointments require Senate approval, and their terms run with the governor’s term. The office must set statewide service standards, including rules for documenting attorney-client communications.

Probation can include public defender payments

When a court suspends a sentence and places a defendant on probation, it can order payments to the district public defender. The payment becomes a condition of probation. It is not automatic, and the law sets no payment amount.

Pay and benefits rules for defender staff

The state office sets pay for district public defenders, assistants, and support staff using standards adopted by rule. District public defenders who contract with the state office are independent contractors, not its employees. District-program staff working at least 28 hours weekly enter the employee definition, but system benefits are not automatic. District programs can seek trustee approval to extend system benefits to their employees. Earlier service earns no prior service credit.

Children’s legal help depends on funding

The state public defender’s office now runs Safe Return legal representation for indigent children in custody matters. It must develop a flexible delivery system that addresses local needs when appropriations or other program money are available. The law removes the former July 1, 2017, deadline for full statewide service. The office sets rules, audits services, and enforces standards; the Louisiana Supreme Court keeps its constitutional regulatory authority.

New rules for assigning public defenders

The state office approves how each district delivers public defense. Models used before August 15, 2007, remain acceptable unless they fail statewide standards. Under the rotational model, lawyers take turns by certified case type; the law removes express exceptions for Article 512 and exceptional circumstances. Approved tax-exempt nonprofits that existed by August 15, 2007, can manage regional services and budgets and open satellite offices. During emergency sessions outside a court’s area under Article 944, its district public defender appoints local or host-area lawyers, replacing the regional director’s listed authority.

Sponsors & Cosponsors

Sponsor

  • Nicholas Muscarello

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 188 • No: 32

House vote • 5/29/2026

Read by title, roll called, yeas 82, nays 13, Senate amendments concurred in.

Yes: 82 • No: 13

Senate vote • 5/26/2026

Rules suspended. Senate floor amendments read and adopted. Read by title, passed by a vote of 35 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

Yes: 35 • No: 0

House vote • 4/29/2026

Read third time by title, roll called on final passage, yeas 71, nays 19. Finally passed, title adopted, ordered to the Senate.

Yes: 71 • No: 19

Actions Timeline

  1. Signed by the Governor. Becomes Act No. 862.

    6/8/2026House

  2. Effective date: 08/01/2026.

    6/8/2026House

  3. Signed by the President of the Senate.

    6/1/2026Senate

  4. Sent to the Governor for executive approval.

    6/1/2026House

  5. Enrolled and signed by the Speaker of the House.

    5/31/2026House

  6. Read by title, roll called, yeas 82, nays 13, Senate amendments concurred in.

    5/29/2026House

  7. Scheduled for concurrence on 05/29/2026.

    5/27/2026House

  8. Rules suspended. Senate floor amendments read and adopted. Read by title, passed by a vote of 35 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

    5/26/2026Senate

  9. Received from the Senate with amendments.

    5/26/2026House

  10. Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

    5/20/2026Senate

  11. Read by title and referred to the Legislative Bureau.

    5/19/2026Senate

  12. Reported favorably.

    5/18/2026Senate

  13. Read second time by title and referred to the Committee on Judiciary B.

    5/4/2026Senate

  14. Read third time by title, roll called on final passage, yeas 71, nays 19. Finally passed, title adopted, ordered to the Senate.

    4/29/2026House

  15. Received in the Senate. Rules suspended. Read first time by title and placed on the Calendar for a second reading.

    4/29/2026Senate

  16. Read by title, amended, ordered engrossed, passed to 3rd reading.

    4/27/2026House

  17. Scheduled for floor debate on 04/29/2026.

    4/27/2026House

  18. Reported with amendments (6-3-1).

    4/23/2026House

  19. Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

    3/25/2026House

  20. Read by title. Lies over under the rules.

    3/24/2026House

Bill Text

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