SLS 11RS-1031 ORIGINAL
Page 1 of 2
Regular Session, 2011
SENATE CONCURRENT RESOLUTI ON NO. 37
BY SENATOR MARTINY
JUVENILES. Directs the Louisiana State Law Institute to evaluate Louisiana's compliance
with the United States Supreme Court ruling regarding juvenile life sentences without
parole.
A CONCURRENT RESOLUTI ON1
To direct the Louisiana State Law Institute to evaluate Louisiana law for compliance with2
the United States Supreme Court's ruling in the case of Graham v. Florida, 130 S.3
Ct. 2011 (2010), and to report its findings and recommendations to the Legislature4
of Louisiana as to whether it is necessary to amend Louisiana's juvenile sentencing5
laws to comply with the ruling in that case.6
WHEREAS, in Graham v. Florida, 130 S. Ct. 2011 (2010), the United States7
Supreme Court held that it is unconstitutional, in violation of the Eighth Amendment ban on8
cruel and unusual punishment, to sentence a juvenile to life without the possibility of parole9
when convicted of a non-homicide offense; and10
WHEREAS, in the Graham case, the United States Supreme Court ordered states to11
provide a meaningful and realistic opportunity for release; and12
WHEREAS, in Louisiana there are currently forty-two individuals sentenced to life13
without the possibility of parole for non-homicide offenses committed when the individuals14
were juveniles; and15
WHEREAS, in conducting this evaluation, it is necessary that the Louisiana State16
Law Institute appoint and convene a task force composed of representatives of each of the17
following: the Louisiana District Judges Association; the Louisiana Council of Juvenile and18 SCR NO. 37
SLS 11RS-1031 ORIGINAL
Page 2 of 2
Family Court Judges; the Louisiana Association of Criminal Defense Lawyers; the Louisiana1
Supreme Court; the Legislature of Louisiana; the Louisiana District Attorneys Association;2
the Louisiana Public Defender Board; the Louisiana Sheriff's Association; the Juvenile3
Justice Project of Louisiana; the Secretary of the Department of Public Safety and4
Corrections, or his designee; the Louisiana Commission on Law Enforcement and5
Administration of Criminal Justice; the Children's Code Advisory Committee and the6
Criminal Code and Procedure Advisory Committee of the Louisiana State Law Institute; and7
a representative of the victim's community.8
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby9
direct the Louisiana State Law Institute to evaluate Louisiana law for compliance with the10
United States Supreme Court's ruling in the case of Graham v. Florida, 130 S. Ct. 201111
(2010), and to report its findings and recommendations to the Legislature of Louisiana as to12
whether it is necessary to amend Louisiana's juvenile sentencing laws to comply with the13
ruling in that case.14
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its15
findings and recommendations to the Legislature of Louisiana no later than January 1, 2012.16
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the17
Louisiana State Law Institute.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Martiny SCR No.
Directs the Louisiana Law Institute to evaluate Louisiana law for compliance with the
United States Supreme Court's ruling in the case of Graham v. Florida, 130 S. Ct. 2011
(2010), and to report its findings and recommendations to the Louisiana Legislature by
January 1, 2012, as to whether it is necessary to amend juvenile sentencing laws to comply
with the ruling in that case.