ENROLLED
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Regular Session, 2010
HOUSE BILL NO. 1361
BY REPRESENTATIVE WOOTON
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
§323. Composition of commission 20
A. The commission shall be composed of twenty-one twenty-two members.21
Nineteen Eighteen members shall be voting members as designated in Subsection B22
of this Section, and four members shall be nonvoting members as designated in23
Subsection D of this Section.24 ENROLLEDHB NO. 1361
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B.(1) Four Five voting members of the commission shall be as follows: 1
(a) A member of the House of Representatives appointed by the speaker of2
the House of Representatives.3
(b) The chairman of the House Committee on Administration of Criminal4
Justice.5
(c) One member of the Senate appointed by the president of the Senate.6
(d) The chairman of the Senate Committee on Judiciary, Section C.7
(e) One justice of the Supreme Court of Louisiana appointed by the chief8
justice.9
(2) Thirteen voting members shall be appointed by the governor as follows:10
(a) One district attorney, or his designee and the president of the Louisiana11
District Attorneys Association, or his designee.12
(b) The state public defender or his designee and one attorney specializing13
primarily in the defense of persons charged with criminal offenses.14
(c) One sheriff or his designee or and the president of the Louisiana Sheriff's15
Association, or his designee.16
(d) One judge of a court of appeal.17
(e) Three district court judges having criminal justice experience, at least one18
of whom must be active.19
(f) One member selected from a list of three nominees submitted by the20
Louisiana Chamber of Commerce.21
(g) One justice of the Louisiana Supreme Court. The president of the22
Louisiana Clerks of Court Association or his designee.23
(h) One Louisiana citizen who is not an attorney, who is not formally24
associated with the criminal justice system, and who is a felony crime victim or a25
member of the immediate family of a felony crime victim, from a list of three names26
submitted by Victims and Citizens Against Crime, Inc.27
* * *28
G. Each voting member shall be entitled to appoint a single individual to29
serve as proxy for the duration of his term if the member is unable to attend a30 ENROLLEDHB NO. 1361
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meeting of the commission. The term of the designated proxy shall be the same as1
the voting member. A member appointing an individual to serve as his designated2
proxy shall make his appointment known to the chairman and to the secretary of the3
commission.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: