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The 2016 Legislature: Boomsday

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The 2016 Legislature: Boomsday 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 Louisiana 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 Valarie Hodges 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 Steve Pylant 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 Dodie Horton 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 Lance Harris 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.
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