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Regular Session, 2010
HOUSE BILL NO. 1361
BY REPRESENTATIVE WOOTON
CRIMINAL/PROCEDURE: Provides with respect to the La. Sentencing Commission
AN ACT1
To amend and reenact R.S. 15:321(D) and 323(A) and (B) and to enact R.S. 15:323(G),2
relative to the Louisiana Sentencing Commission; to provide for evaluation of3
sentencing structure; to provide for membership of the commission; to provide for4
the appointment of a proxy; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:321(D) and 323(A) and (B) are hereby amended and reenacted7
and R.S. 15:323(G) is hereby enacted to read as follows: 8
§321. Purpose; duties of the commission; conducting of evaluation of sentencing9
structure; report10
* * *11
D. The commission shall conduct an annual a continuous review of the12
state's sentencing structure based upon existing criminal law and law relative to13
criminal procedure. The commission may recommend such legislation as may be14
necessary and appropriate to achieve a uniform sentencing policy that ensures public15
safety and the imposition of appropriate and just sentences in terms that are clear and16
transparent and which make the most efficient use of the correctional system and17
community resources.18
* * *19 HLS 10RS-2823 ENGROSSED
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§323. Composition of commission 1
A. The commission shall be composed of twenty-one twenty-two members.2
Nineteen Eighteen members shall be voting members as designated in Subsection B3
of this Section, and four members shall be nonvoting members as designated in4
Subsection D of this Section.5
B.(1) Four Five voting members of the commission shall be as follows: 6
(a) A member of the House of Representatives appointed by the speaker of7
the House of Representatives.8
(b) The chairman of the House Committee on Administration of Criminal9
Justice.10
(c) One member of the Senate appointed by the president of the Senate.11
(d) The chairman of the Senate Committee on Judiciary, Section C.12
(e) One justice of the Supreme Court of Louisiana appointed by the chief13
justice.14
(2) Thirteen voting members shall be appointed by the governor as follows:15
(a) One district attorney, or his designee and the president of the Louisiana16
District Attorneys Association, or his designee.17
(b) The state public defender or his designee and one attorney specializing18
primarily in the defense of persons charged with criminal offenses.19
(c) One sheriff or his designee or and the president of the Louisiana Sheriff's20
Association, or his designee.21
(d) One judge of a court of appeal.22
(e) Three district court judges having criminal justice experience, at least one23
of whom must be active.24
(f) One member selected from a list of three nominees submitted by the25
Louisiana Chamber of Commerce.26
(g) One justice of the Louisiana Supreme Court. The president of the27
Louisiana Clerks of Court Association or his designee.28 HLS 10RS-2823 ENGROSSED
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(h) One Louisiana citizen who is not an attorney, who is not formally1
associated with the criminal justice system, and who is a felony crime victim or a2
member of the immediate family of a felony crime victim, from a list of three names3
submitted by Victims and Citizens Against Crime, Inc.4
* * *5
G. Each voting member shall be entitled to appoint a single individual to6
serve as proxy for the duration of his term if the member is unable to attend a7
meeting of the commission. The term of the designated proxy shall be the same as8
the voting member. A member appointing an individual to serve as his designated9
proxy shall make his appointment known to the chairman and to the secretary of the10
commission.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Wooton HB No. 1361
Abstract: Provides for the membership of the La. Sentencing Commission and authorizes
the appointment of a proxy.
Present law creates the La. Sentencing Commission for the purpose of assisting the
legislature and the judiciary in formulating consistent and uniform sentencing policy.
Present law provides that the commission shall annually review the state's sentencing
structure and recommend changes as appropriate.
Proposed law changes the annual review of the state's sentencing structure to a continuous
review to ensure that sentences are just and appropriate.
Present law provides for the membership of the La. Sentencing Commission, comprised of
19 voting members and four nonvoting members.
Proposed law provides for the following major changes to the membership of the
commission:
(1)Provides that the representative of the La. Supreme Court shall be appointed by the
chief justice.
(2)Adds the president of the La. Clerks of Court Association or his designee as a
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(3)Provides that both the sheriff representative and the president of the La. Sheriff's
Association shall be members.
Proposed law allows each voting member to appoint a proxy to serve if the member is unable
to attend.
(Amends R.S. 15:321(D) and 323(A) and (B); Adds R.S. 15:323(G))