Volume 42, Number 8 04/08/16

THE MISSION THE CORE VALUES of the LDAA is as follows: of LDAA members include:

We believe that the Constitution To improve Louisiana's justice system and the requires, and Louisiana citizens favor, locally- office of District Attorney by enhancing the elected, independent prosecutors. we believe that effectiveness and professionalism of Louisiana's prosecutor discretion must be protected from district attorneys and their staffs through interference through manipulative funding or education, legislative involvement, liaison and legislative restrictions. Finally, we believe that information sharing. prosecutors are the best and most trustworthy resource for legislative improvements to the criminal justice system.

THE 2016 LEGISLATURE: BOOMSDAY

The Governor's FY 16-17 budget is due to be released next Tuesday, April 12. When the numbers are available, we will know how the boom will be lowered concerning the DA line- item. Remember, this budget will be a worst-case scenario and will assume no additional revenues prior to July 1. The Louisiana Indigent Defender Board would be reorganized under a compromise version of HB 818. The Criminal Justice Committee approved a substitute bill, which will get a new number on the House floor. It reduces the number of Board members from 15 to 11; removes the four law professors; gives local PDs more input; and mandates that 65% of the appropriated funds be spent on local PDs. Look for LACDL and the boutique law firm, anti- death penalty gang to try to kill this in the Senate. Changing the Age of Juvenile Jurisdiction to include 17-year-olds is a major piece in the Governor's legislative agenda. We met with his staff to express our concerns, including the ability of the Office of Juvenile Justice to handle this additional caseload given their 38% budget cut over the past few years and additional looming reductions. The current proposal would come into effect on July 1, 2018, and provide that, at that time, all violent offenses committed by 17 year-olds would be transferrable to adult court at the discretion of the DA. This transfer provision would revert to the current transfer law and include 17 year-olds on July 1, 2020. Any agreement from us would require a commitment from the Governor to adequately fund the change.

Many new bills were filed at the deadline this past Tuesday.

Some of the more notable proposals were:

HB 987 - creates a Qui Tam action through the A.G. and private persons HB 1012 and HB 1090 - restrict capital prosecutions HB 1100 - mandates that DAs provide civil representation to assessors HB 1116 - eases procedures to receive compensation for wrongful convictions HB 1132 and SB 374 - adds costs for PD on pre-trial diversion cases

The ADA Board will review the new bills and make recommendations to the Executive Committee and the LDAA Board.

Meanwhile, we will be entering week 4 of the 12-week Regular Session on Monday.

A. CRIMES / DEFINITIONS

Listed below are the major bills that would create new crimes or amend the definition of existing criminal statutes.

HB 0004 Barry Ivey (Constitutional Amendment) Provides that the right to keep and bear arms includes the right to carry a concealed handgun without a permit or license 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0069 John Bagneris Creates the crime of illegally purchasing or selling a firearm 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0073 Jerome Richard Amends second degree cruelty to a juvenile to include prenatal exposure to drugs 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Supports

HB 0101 Barbara Norton Creates the crime of operation of an unsafe motion picture theater 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0102 Barbara Norton Creates the crime of carrying a firearm or dangerous weapon on the premises of a motion picture theater (OR INCREASE GF EX See Note) 3/24/2016 - House - Withdrawn from the files of the House. Comments: LDAA Takes No Position HB 0176 Authorizes persons obtaining a protective order to carry a concealed handgun without a permit for a limited period of time 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0223 Terry Landry Provides with respect to illegal carrying of weapons 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0227 Provides relative to the crime of obstruction of justice 4/7/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: LDAA Package Bill

HB 0255 Provides with respect to eligibility requirements for concealed carry permits 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0262 Walt Leger Amends the threshold age of the victim for certain elements and penalty provisions of the crimes of human trafficking and trafficking of children for sexual purposes (OR INCREASE GF EX See Note) 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0315 Barry Ivey Provides with respect to an enhanced concealed handgun permit 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0316 Barry Ivey Provides with respect to limitations on the rights of certain convicted felons to possess a firearm 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0318 Barry Ivey Creates the crime of failure to identify the possession of a concealed handgun to a law enforcement officer 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0319 Barry Ivey Provides definition of a "concealed" weapon 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0385 Lowell Hazel Creates the crime of providing false, nonexistent, or incomplete declaration of residence for bail (OR INCREASE GF EX See Note) 4/7/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: LDAA Supports

HB 0467 Thomas Carmody Regulates transactions involving wrecked, abandoned, or repairable motor vehicles and creates a reporting database 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Commerce. Comments: LDAA Supports

HB 0953 Amends the provisions of law regarding hate crimes 4/5/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: Late Filing - LDAA Position: TBD

HB 0959 John Bagneris Provides with respect to preemption of state law 4/5/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: Late Filing - LDAA Position: TBD

HB 0973 Marcus Hunter Provides with respect to the illegal employment of aliens unauthorized to work in the United States 4/7/2016 - House - Scheduled for floor debate on 04/12/2016. Comments: Late Filing - LDAA Position: TBD

HB 1112 Edward James Establishes the Louisiana Therapeutic Use of Cannabis Act 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Health and Welfare. Comments: LDAA Opposes

SB 0046 Ryan Gatti Excludes carrying a concealed handgun from the crime of illegal carrying of weapons for certain persons. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary B. Comments: LDAA Takes No Position

SB 0060 Daniel Martiny Provides relative to the crime of organized retail theft. (gov sig) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Takes No Position

SB 0090 Ronnie Johns Amends the threshold age of the victim for certain elements and penalty provisions of the crimes of human trafficking and trafficking of children for sexual purposes. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Takes No Position

SB 0095 Rick Ward Provides relative to evidence of compulsory motor vehicle insurance. (8/1/16) 4/7/2016 - House - Read by title, under the rules, referred to the Committee on Transportation, Highways, and Public Works. Comments: LDAA Takes No Position

SB 0102 Gary Smith Provides relative to firearm-free zones. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary B. Comments: LDAA Takes No Position

SB 0141 Dan Claitor Provides relative to crimes involving the use of unmanned aircraft systems. (gov sig) 4/6/2016 - Senate - Read by title. Committee amendments read and adopted. Ordered engrossed and passed to third reading and final passage. Comments: LDAA Takes No Position

SB 0171 Gary Smith Creates the crime of infliction of serious injury or death on a public road user. (gov sig) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Opposes

SB 0179 Neil Riser Prohibits the trafficking in human remains. (gov sig) 4/7/2016 - Senate - Senate floor amendments read and adopted. Read by title and passed by a vote of 34 yeas and 0 nays; ordered reengrossed and sent to the House. Motion to reconsider tabled. Comments: LDAA Opposes

SB 0180 Fred Mills Provides exemption from prosecution for anyone lawfully in possession of medical marijuana. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Opposes

SB 0202 Neil Riser Authorizes a victim of domestic abuse to carry a concealed weapon without a permit for a limited period of time. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary B. Comments: LDAA Takes No Position

SB 0243 John Milkovich Provides relative to battery committed by two or more persons upon a victim. (gov sig) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Opposes

SB 0271 Fred Mills Provides for medical marijuana. (gov sig) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Health and Welfare. Comments: LDAA Opposes

SB 0289 Ronnie Johns Provides relative to malfeasance in office by law enforcement officers involving sexual conduct. (gov sig) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Takes No Position

B. PENALTIES / SENTENCING

The bills listed below would change criminal penalties or sentencing options for certain crimes.

HB 0090 Jeff Hall Amends parole eligibility provisions for certain crimes of violence (OR DECREASE GF EX See Note) 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0099 Patricia Smith Amends the earning rate for diminution of sentence and length of sentence which must be served before being eligible for parole (OR SEE FISC NOTE GF EX) 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0229 Patricia Smith Expands juvenile court jurisdiction in delinquency cases to include seventeen-year- olds 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0264 Sherman Mack Provides with respect to sentencing of juvenile offenders sentenced to life imprisonment for certain offenses 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Package Bill

HB 0267 Gregory Miller Decreases criminal penalties for certain offenses involving drug paraphernalia 4/7/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: LDAA Supports

HB 0317 Barry Ivey Increases penalty provisions for certain crimes when a firearm is possessed, discharged, or used 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0320 Barry Ivey Increases penalties for possession of a firearm during the commission of a crime of violence 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0440 Katrina Jackson Provides relative to parole for persons convicted of crimes of violence and provides for the creation and administration of the Programs to Reduce Recidivism Fund 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0544 Frank Hoffmann Increases penalties for failure to pay child support (OR INCREASE GF EX See Note) 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Supports

HB 0554 Denise Marcelle Provides with respect to sentencing of juvenile offenders sentenced to life imprisonment for certain offenses 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0582 Katrina Jackson Provides for the crime of aggravated assault upon a peace officer (EG INCREASE GF EX See Note) 4/7/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: LDAA Supports

HB 0802 Katrina Jackson Creates a procedure for designating certain crimes in the court minutes as a crime of violence and provides relative to the benefits and restrictions based on such designation 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes - This bill is scheduled for hearing in the House Criminal Justice committee on Thursday.

HB 0926 Amends penalties for distribution of heroin that contains fetanyl or any derivative thereof 4/7/2016 - House - Reported with amendments (14-0). Comments: LDAA Supports

HB 0963 Patricia Smith Provides with respect to conditional release and release from probation supervision in certain cases 4/5/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: Late Filing - LDAA Position:TBD

HB 1022 Provides for the suspension of certain sentences upon completion of reentry court 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Judiciary. Comments: Late Filing - LDAA Position: TBD

SB 0071 Gerald Long Provides relative to the crime of aggravated kidnapping. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Opposes

SB 0127 Daniel Martiny Provides relative to juveniles sentenced to life without parole. (gov sig) 3/14/2016 - Senate - Rules suspended. Read by title. Recommitted to the Committee on Judiciary C. Comments: LDAA Takes No Position

SB 0278 Wesley Bishop Provides relative to parole eligibility of offenders convicted of first or second degree murder who were under the age of eighteen at the time of commission of the offense. (7/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Opposes

SB 0301 Jean-Paul Morrell Creates the Juvenile Justice Accountability and Cost Effectiveness Act of 2016 as a system to monitor and implement systems for better accountability and cost- effectiveness in the juvenile justice system. (8/1/16) (OR INCREASE GF EX See Note) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary B. Comments: LDAA Opposes - This bill is scheduled for hearing in the Senate Judiciary B committee on Tuesday.

SB 0324 Jean-Paul Morrell Creates the Raise the Age Louisiana Act of 2016 and the La. Juvenile Jurisdiction Planning and Implementation Council. (8/1/16) (OR INCREASE GF EX See Note) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary B. Comments: LDAA Opposes - working on corrective amendments

SB 0367 Dan Claitor Provides relative to certain juveniles sentenced to life without parole. (gov sig) 3/23/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: LDAA Package Bill

C. PROCEDURE

Please carefully review the procedural bills listed below.

HB 0007 Edward Price Provides with respect to expungement 4/7/2016 - Senate - Received in the Senate. Rules suspended. Read first time by title and placed on the Calendar for a second reading. Comments: LDAA Takes No Position

HB 0042 Stephen Dwight Provides for time limitations for prosecution of video voyeurism 4/4/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: LDAA Supports

HB 0055 Stephen Dwight Provides for the dismissal of certain criminal charges upon completion of the Veterans Court program 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Judiciary. Comments: LDAA Supports

HB 0183 Marcus Hunter Provides for the powers and duties of the attorney general in certain officer- involved incidents 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Judiciary. Comments: LDAA Opposes

HB 0190 Patrick Connick Provides with respect to the disposition of sensitive criminal evidence 4/6/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: LDAA Supports

HB 0194 Edward James Provides for exemption of expungement fees in certain circumstances (EG SEE FISC NOTE SG RV See Note) 4/4/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: Amendments have removed LDAA Opposition

HB 0198 Steve Pylant Adds ex officio members to the council of the Louisiana State Law Institute 3/14/2016 - House - Read by title, under the rules, referred to the Committee on House and Governmental Affairs. Comments: LDAA Package Bill

HB 0210 Patrick Connick Provides relative to time limits for institution of prosecution of certain sex offenses 4/4/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: LDAA Supports

HB 0222 Edward James Regulates the manufacture, sale, and lease of telephones with respect to smartphone encryption technology 3/4/2016 - House - First appeared in the Interim Calendar on 3/4/2016. Comments: LDAA Supports

HB 0331 Gregory Miller Provides with respect to facsimile filings 4/6/2016 - Senate - Read second time by title and referred to the Committee on Judiciary A. Comments: LDAA Takes No Position

HB 0408 Lowell Hazel Provides relative to persons eligible for veterans courts 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Judiciary. Comments: LDAA Supports

HB 0453 John Morris Provides relative to the role of local governments with respect to immigration enforcement 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Judiciary. Comments: LDAA Takes No Position

HB 0463 Robert Billiot Amends eligibility requirements to participate in the Veterans Court program 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Judiciary. Comments: LDAA Supports

HB 0590 Christopher Leopold Provides with respect to prior bad acts in domestic violence and cruelty to juveniles cases 4/5/2016 - Senate - Read second time by title and referred to the Committee on Judiciary B. Comments: LDAA Supports

HB 0748 Barry Ivey Provides with respect to juvenile delinquency records 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0780 Helena Moreno Provides relative to the transfer of firearms by person prohibited from possessing firearms 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0820 Stephen Pugh Provides certain prohibited conduct related to lobbying (OR SEE FISC NOTE SG RV) 3/14/2016 - House - Read by title, under the rules, referred to the Committee on House and Governmental Affairs. Comments: LDAA Opposes

HB 0962 Patricia Smith Provides relative to a registry of persons convicted of certain domestic violence offenses 4/5/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: Late Filing - LDAA Position: TBD

HB 0987 Mike Johnson Authorizes a qui tam action for persons who disclose certain cases of fraud 4/5/2016 - House - Read by title, under the rules, referred to the Committee on Civil Law and Procedure. Comments: Late Filing - LDAA Position: TBD

HB 1012 Provides with respect to capital offenses 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: Late Filing - LDAA Position: TBD

HB 1043 Provides relative to the licensure of therapeutic marijuana dispensing pharmacies 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Health and Welfare. Comments: Late Filing - LDAA Position: TBD

HB 1052 Cameron Henry Creates the Swift And Certain Probation Pilot Program 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: Late Filing - LDAA Position: TBD

HB 1090 Provides relative to the provision of indigent defense services to capital defendants 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: Late Filing - LDAA Position: TBD

HB 1116 Cedric Glover Provides for compensation for wrongful conviction and imprisonment 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: Late Filing - LDAA Position: TBD

SB 0123 Dan Claitor Revises and reorganizes Code of Criminal Procedure articles and Revised Statutes relative to bail. (1/1/17) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Supports

SB 0150 Jonathan Perry Provides relative to mandatory bail hearings for certain defendants. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Opposes

SB 0241 John Milkovich Provides right of access to autopsy records, coroner's reports and similar documents. (gov sig) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary B. Comments: LDAA Opposes

SB 0242 John Milkovich Provides right of oral argument in contradictory hearings. (gov sig) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary A. Comments: LDAA Opposes

SB 0281 Rick Ward Provides relative to bail bond forfeiture hearings. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C. Comments: LDAA Takes No Position

SB 0302 Jean-Paul Morrell Creates the Safe and Fair Return Act of 2016. (8/1/16) (OR INCREASE GF EX See Note) 4/6/2016 - Senate - Read by title. Committee amendments read and adopted; ordered engrossed and recommitted to the Committee on Finance. Comments: LDAA Opposes - We are working on corrective amendments

SB 0304 Neil Riser Provides for the Domestic Violence Prevention and Lawful Transfer of Firearms Act. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary B. Comments: LDAA Opposes

SB 0320 Jean-Paul Morrell Provides for designated seating in a courtroom. (8/1/16) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary B. Comments: LDAA Takes No Position

SB 0398 Ronnie Johns Exempts video or audio recordings generated by law enforcement body worn cameras from Public Records Law. (8/1/16) 4/5/2016 - Senate - Read second time by title and referred to the Committee on Judiciary B. Comments: LDAA Supports

D. PARDON / PAROLE

The following bills affect pardon and parole procedures or eligibility.

HB 0180 Patrick Jefferson Provides with respect to probation violations (RE DECREASE GF EX See Note) 4/4/2016 - Senate - Read second time by title and referred to the Committee on Judiciary C. Comments: Amendments have removed LDAA Opposition

HB 0328 Provides sanctions for technical violations of drug division probation programs 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0690 Katrina Jackson Creates a presumption in favor of parole eligibility 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes - This bill is scheduled for hearing in the House Criminal Justice committee on Thursday.

HB 0691 Katrina Jackson Changes the number of votes required to grant parole 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes - This bill is scheduled for hearing in the House Criminal Justice committee on Thursday.

SB 0024 Daniel Martiny Provides relative to parole eligibility. (8/1/16) 3/14/2016 - Senate - Rules suspended. Read by title. Recommitted to the Committee on Judiciary C. Comments: LDAA Opposes

SB 0061 Daniel Martiny Provides relative to parole eligibility. (8/1/16) 3/14/2016 - Senate - Rules suspended. Read by title. Recommitted to the Committee on Judiciary C. Comments: LDAA Opposes

E. TRAFFIC SAFETY

The bills below pertain to traffic safety and impaired driving matters.

HB 0751 Walt Leger Increases penalties for noncompliance with the compulsory seat belt law 4/7/2016 - House - Scheduled for floor debate on 04/13/2016. Comments: LDAA Takes No Position

HB 0844 Edward James Provides for an extension of driving privileges pending hearing by a court 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Transportation, Highways, and Public Works. Comments: LDAA Supports

SB 0054 Ronnie Johns Creates a pilot program (Statewide Motor Vehicle Theft and Uninsured Motorists Identification Program) involving the use of license plate recognition devices for certain purposes. (8/1/16) (OR INCREASE GF EX See Note) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Transportation, Highways and Public Works. Comments: LDAA Supports

SB 0091 Yvonne Dorsey-Colomb Increases penalties for texting or using social media while driving. (gov sig) 4/6/2016 - Senate - Read by title. Ordered engrossed and passed to third reading and final passage. Comments: LDAA Takes No Position

F. CIVIL

The following bills are related to civil issues of interest to prosecutors.

HB 0081 Christopher Broadwater Requires public bodies to make certain information concerning the custodian of records publicly available 4/7/2016 - House - Reported favorably (9-0).

HB 0083 Raymond Garofalo (Constitutional Amendment) Provides for disqualification from seeking or holding public office 3/14/2016 - House - Read by title, under the rules, referred to the Committee on House and Governmental Affairs.

HB 0089 Patrick Connick Reduces the jury trial threshold amount 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Civil Law and Procedure.

HB 0231 Patricia Smith Creates the "Ban the Box for State Contracts Act" which prohibits certain contractors from inquiring about a job applicant's criminal history on a job application (OR NO IMPACT See Note) 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Appropriations.

HB 0266 Denise Marcelle Prohibits certain questions regarding criminal history during the employment process for certain positions 3/14/2016 - House - Read by title, under the rules, referred to the Committee on House and Governmental Affairs.

HB 0274 (Constitutional Amendment) Prohibits felons from qualifying for or holding public office 3/14/2016 - House - Read by title, under the rules, referred to the Committee on House and Governmental Affairs.

HB 0501 Patricia Smith Provides relative to discrimination 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Civil Law and Procedure.

HB 0878 Joseph Bouie Requires that any contractor who enters into a contract with a public entity comply with the Louisiana Equal Pay for Women Act 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Labor and Industrial Relations.

HB 0925 Joseph Bouie Provides with respect to discrimination regarding sexual orientation, gender identity, and gender expression 3/29/2016 - House - Read by title, under the rules, referred to the Committee on Civil Law and Procedure.

HB 1100 Stuart Bishop Prohibits an assessor from employing outside counsel in certain matters 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Ways and Means. Comments: Late Filing - LDAA Position: TBD

SB 0056 Ronnie Johns Provides for retention, archiving, and destruction of records in the state prescription monitoring program. (8/1/16) 4/7/2016 - Senate - Read by title. Ordered engrossed and passed to third reading and final passage.

SB 0066 Conrad Appel Constitutional amendment to provide for disqualification from holding an elective office. (2/3 - CA13s1(A)) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Senate and Governmental Affairs.

SB 0069 Michael Walsworth Constitutional amendment to provide for disqualification from holding an elective office. (2/3 - CA13s1(A)) 3/14/2016 - Senate - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Senate and Governmental Affairs.

G. MONEY

The bills below affect funding and fiscal matters of interest to prosecutors.

HB 0136 Sherman Mack Extends the collection of the special cost assessed in criminal cases for the district indigent defender fund (EG INCREASE LF RV See Note) 4/7/2016 - House - Scheduled for floor debate on 04/11/2016. Comments: LDAA Takes No Position

HB 0547 Katrina Jackson Provides methods for determining indigency of an accused person 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Takes No Position

HB 0549 Katrina Jackson Provides relative to clerks of courts of district courts as ex officio recorders 4/7/2016 - House - Scheduled for floor debate on 04/11/2016.

HB 0720 Raymond Garofalo Provides relative to fees by clerks of court 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Judiciary. Comments: LDAA Position: TBD

HB 0814 John Morris Provides relative to required governance of certain nonprofit corporations that receive funds from the state 3/14/2016 - House - Read by title, under the rules, referred to the Committee on Appropriations.

HB 0818 Sherman Mack Amends provisions of law regarding the provision of indigent defense services 4/7/2016 - House - Reported by substitute (10-2). Comments: LDAA Takes No Position

HB 0912 Tanner Magee Provides with respect to funding of representation in capital offense cases 3/22/2016 - House - Read by title, under the rules, referred to the Committee on Administration of Criminal Justice. Comments: LDAA Opposes

HB 0943 Christopher Leopold Prohibits the filling of vacant employment positions and the creation of new employment positions in state government until after June 30, 2018 3/31/2016 - House - Read by title, under the rules, referred to the Committee on Appropriations. Comments: LDAA Position: TBD

HB 1042 Lawrence Bagley Authorizes certain local and private entities to accept electronic payments for local charges 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Municipal, Parochial and Cultural Affairs.

HB 1123 Robert Johnson Provides for the assessment of a fee for diversion cases in the 12th JDC 4/6/2016 - House - Read by title, under the rules, referred to the Committee on Judiciary. Comments: LDAA Opposes

SB 0219 Dan Claitor Provides relative to the distribution of forfeitures of criminal bail bonds. (8/1/16) 4/6/2016 - Senate - Read by title. Ordered engrossed and passed to third reading and final passage. Comments: LDAA Supports

SB 0374 Eddie Lambert Provides relative to the Louisiana Public Defender Fund. (8/1/16) 3/29/2016 - Senate - Read second time by title and referred to the Committee on Finance. Comments: LDAA Position: TBD

SB 0406 Eddie Lambert Authorizes collection of special costs from individuals participating in pretrial diversion programs to be allocated to the local indigent defender fund. (8/1/16) 4/6/2016 - Senate - Read second time by title and referred to the Committee on Judiciary B. Comments: LDAA Opposes

SB 0418 Eddie Lambert Provides for payment of fee for application as an indigent to the judicial district indigent defender fund. (8/1/16) 4/6/2016 - Senate - Read second time by title and referred to the Committee on Judiciary B. Comments: Late Filing - LDAA Position: TBD

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If you received this electronically, you can read the bills and review the history of each by clicking on the bill number. You can also review the bills and the history of each at the LDAA website or the Louisiana Legislature's website. NEXT STEPS:

1. Elected DAs are encouraged to meet with their local legislative delegation to discuss these bills and other legislative concerns.

2. The LDAA will manage the package bills.

3. For supported bills, proponents should thoroughly brief their authors and help manage the bills through the process.

EXECUTION – We urge our members to keep regular communications with their local legislative delegation. Please report any significant opposition or complaints to us.

Fundamentals – 1) Meet with members of your local delegation; 2) invite local Legislators to visit and tour your office; 3) offer to help them when it is appropriate; and 4) request that they contact you BEFORE filing or agreeing to support legislation that affects your office. The importance of our legislative credibility cannot be overstated. Your ability to effectively perform your duties is directly contingent upon obtaining and maintaining the legal and fiscal resources to do so. Most of those resources flow through the Legislature. Please help us to improve our legislative policy process and thereby improve our legislative credibility. The bottom line: If we are to expect deference in matters that affect the criminal justice system and our office, we must also request and earn such deference.