Death penalty expansion, parole elimination bills to be discussed Today
Baton Rouge, LA (2/29/2024) – The Louisiana Legislature easily gave final passage to a slew of bills with harsher consequences for criminals, sending them to Republican Gov. Jeff Landry’s desk for his signature.
The package of legislation represents a fulfillment of Landry’s campaign promises and a major victory early in his term. Some of the new laws roll back bipartisan criminal justice policy adopted under former Gov. John Bel Edwards, a Democrat, in 2017. Those changes were designed to save the state money by reducing incarceration, and some of the savings were invested in victims’ services, funding for which is now in question.
More of the governor’s proposals are still up for debate but are expected to pass just as easily Thursday, when the Legislature is expected to wrap up its special session on crime.
Landry’s proposals will potentially put more people in prison and keep them there longer in a state that already has one of the highest incarceration rates in the nation.
Lawmakers also legalized the carrying of a concealed firearm without a permit, a proposal that had failed to advance over the past three years.
The governor’s package also provides more ways to execute people on death row and gives the public access to previously confidential juvenile court records.
Landry’s enacted agenda is also expected to cost the state tens of millions of dollars annually, though legislative fiscal analysts have struggled to put together exact figures. The governor and his allies have touted the proposals as justice for victims and a necessary step to increase public safety.
Criminal justice reform advocates have argued the legislation will do little to reduce crime, and survivors are torn on whether more punishment will bring healing to victims of violent crime.
Juvenile justice
Legislators agreed to treat 17-year-olds as adults in the criminal justice system, with the House voting 74-26 on Senate Bill 3, authored by Sen. Heather Cloud, R-Turkey Creek. It reverses bipartisan “Raise the Age” legislation passed in 2016.
Rep. Raymond Crews, R-Bossier City, carried Cloud’s bill in the House and said the change has been abused in recent years. It resulted in more 17-year-olds being sent to the state’s undermanned juvenile facilities, where riots, attacks on staff and escapes have increased.
“We were hopeful, but let’s face it — it didn’t work, and we’re in a worse place today,” Crews said.
Opponents of Cloud’s proposal said district attorneys currently have the power to charge 17-year-olds and other juveniles as adults if they feel the crime is heinous enough. With the approval of Senate Bill, 17-year-olds would be charged as adults for all crimes.
Rep. Joy Walters, D-Shreveport, questioned how the proposal would reduce crime. Crews said removing 17-year-olds from the juvenile system would lessen their influence on other youth, and that it sends a message to adults who he believes recruit teens to commit crime for their benefit.
An amendment from Rep. Alonzo Knox, D-New Orleans, would have required educational, vocational and counseling services to 17-year-olds charged as adults, but it failed with Republican opposition. Reform advocates said they believe the services are required by federal law.
House Bill 1 by Rep. Tony Bacala, R-Prairieville, which will publicize minute entries in juvenile justice records, allowing anyone to follow the progress of a case. Historically, juvenile court records are sealed to protect minors’ identities. Bacala’s bill will give the public access to juvenile court summaries, regardless of whether the defendant is found responsible for the crime.
The legislation passed the Senate on a party-line 27-9 vote and still requires House approval for Senate amendments. Sen. Alan Seabaugh, R-Shreveport, argued Bacala’s bill would give valuable information to victims of violent crimes. Opponents raised concerns its measures could prevent those charged with crimes as minors from moving on from their past.
“Do you think if a person has difficulty gaining legal employment that that could lead to a life of crime?” Sen. Sam Jenkins, D-Shreveport, asked.
The House also passed Cloud’s Senate Bill 4, which increases penalties and changes sentencing for certain juveniles, on a 75-28 vote. Democrat Reps. Ken Brass of Vacherie, Tehmi Chaisson of Lafayette and Stephen Jackson of Shreveport voted with Republicans for the bill.
Under the legislation, juveniles convicted of first-degree murder, second-degree murder, first-degree rape and aggravated kidnapping are not allowed to have their sentences modified. Those found guilty of lesser offenses will have to serve at least half their time before any sentencing changes can be considered.
The proposal would add most crimes of violence — a list of 60 different crimes, including rape, battery and robbery— to the list of crimes not eligible for probation or suspension of sentence.
Juveniles who commit crimes of violence will be placed in secure confinement under the bill’s provisions.
Cloud’s legislation also puts several requirements on juveniles to qualify for sentence modifications. They include no significant behavioral violations, obtaining a high school diploma or participation in workforce training, a low-risk designation, a re-entry plan and a recommendation from the Office of Juvenile Justice for modification of their sentence.
Permitless carry
Louisianians will soon be able to carry a concealed weapon without a permit after the House approved Senate Bill 1 by a vote of 75-28.
The legislation, authored by Sen. Blake Miguez, R-New Iberia, also lowers the age to carry a concealed weapon from 21 to 18 years old.
House Speaker Pro Tempore Mike Johnson, R-Pineville, carried Miguez’s bill and said it would allow people to defend themselves from crime. He argued criminals would be more cautious if they believe a potential victim might be carrying a weapon.
Opponents of the bill argued removing training requirements currently in place to carry a concealed weapon could make the streets more dangerous.
Rep. Mandie Landry attempted and failed to pass multiple amendments to the bill to designate parades as gun-free areas and increase penalties for illegal carrying of a firearm.
Miguez’s proposal does not eliminate concealed carry licenses. Gun owners can still opt to undergo the training and get the permit if they want to take advantage of reciprocal agreements with other states.
Democratic Reps. Roy Daryl Adams of Jackson, Chad Brown of Plaquemine, Wilford Carter of Lake Charles, Travis Johnson of Vidalia and Dustin Miller of Opelousas voted for Senate Bill 1, while Republican Reps. Barbara Freiberg of Baton Rouge, Stephanie Hilferty of New Orleans and Joe Stagni of Kenner voted against it.
Gun owners with permits will also soon have an unprecedented level of immunity if they shoot or kill someone under legislation approved Wednesday. The measure appears to be the first of its kind in the United States.
Senate Bill 2, also sponsored by Miguez, cleared the House in a 74-30 vote and will return to the Senate for concurrence in minor amendments before heading to the governor, who supports the measure.
Under the legislation, persons who hold concealed gun permits, under most circumstances, will be able to shoot someone without fear of being sued. The immunity would apply except in cases of gross negligence, intentional misconduct or the commission of a crime that results in a felony conviction.
Such immunity has never been extended to non-government civilians in Louisiana, and no other states are known to have adopted such a law.
Miguez has argued that his bill would protect responsible gun owners from frivolous lawsuits, thereby encouraging them to use guns for self-defense and thwart criminals.
House Bill 2, which the Senate approved Thursday, prohibits lawsuits against police officers for their actions while on duty unless except in cases of criminal, fraudulent or intentional misconduct. Its author, Bacala, is a former deputy chief with the Ascension Parish Sheriff’s Office.
Other legislation approved
Senators from both parties approved House Bill 8 by Rep. Laurie Schlegel, R-Metairie, which enhances penalties for distributing drugs containing fentanyldesigned or marketed toward children.
The bill, carried on the Senate floor by Sen. Jay Morris, R-West Monroe, passed on a 37-0 vote. It includes prison sentences of 25 to 99 years without the possibility of parole for anyone who distributes drugs with a traceable amount of fentanyl packaged to appeal to minors — such as colorful pills or tablets in the shape of animals.
The House also gave unanimous approval to Senate Bill 9 by Sen. Beth Mizell, R-Franklinton. It allows prosecutors to bring rape charges against a suspect if photo of video evidence of the crime surfaces, no matter how long ago the incident occurred. It’s the same leeway that’s given when DNA evidence emerges in rape cases.
Senate Bill 10 from Sen. Stewart Cathey, R-Monroe, also gained overwhelming approval in the House. It makes it more difficult for anyone convicted of killing a police officer or any first responder to earn “good time” while in prison to reduce their sentence.
What’s left
Lawmakers are expected to give final approval Thursday to a bill that will expand the methods Louisiana uses for death row executions. The governor wants to add hydrogen gas and resume electrocutions.
The fate of a bill to provide the executive branch more control over the state’s public defender system has been tempered from the original version Gov. Jeff Landry backed. The current proposal would still allow the governor to appoint members to the state’s Public Defender Board.
In addition to limiting parole opportunities, legislators must also consider whether they want to put a restrictive lid on the number of court challenges individuals can bring after they’ve been convicted.
Source: Louisiana Illuminator; BY: PIPER HUTCHINSON, ALLISON ALLSOP AND WESLEY MULLER
