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Regular Session, 2011 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 37
BY SENATOR MARTINY AND REPRESENTATIVE HONORE
A CONCURRENT RESOLUTI ON
To direct the Louisiana State 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 Legislature
of Louisiana as to whether it is necessary to amend Louisiana's juvenile sentencing
laws to comply with the ruling in that case.
WHEREAS, in Graham v. Florida, 130 S. Ct. 2011 (2010), the United States
Supreme Court held that it is unconstitutional, in violation of the Eighth Amendment ban on
cruel and unusual punishment, to sentence a juvenile to life without the possibility of parole
when convicted of a non-homicide offense; and
WHEREAS, in the Graham case, the United States Supreme Court ordered states to
provide a meaningful and realistic opportunity for release; and
WHEREAS, in Louisiana there are currently forty-two individuals sentenced to life
without the possibility of parole for non-homicide offenses committed when the individuals
were juveniles; and
WHEREAS, in conducting this evaluation, it is necessary that the Louisiana State
Law Institute appoint and convene a task force composed of representatives of each of the
following: the Louisiana District Judges Association; the Louisiana Council of Juvenile and
Family Court Judges; the Louisiana Association of Criminal Defense Lawyers; the Louisiana
Supreme Court; the Legislature of Louisiana; the Louisiana District Attorneys Association;
the Louisiana Public Defender Board; the Louisiana Sheriff's Association; the Juvenile
Justice Project of Louisiana; the Secretary of the Department of Public Safety and
Corrections, or his designee; the Louisiana Commission on Law Enforcement and
Administration of Criminal Justice; the Children's Code Advisory Committee and the
Criminal Code and Procedure Advisory Committee of the Louisiana State Law Institute; and
a representative of the victim's community. SCR NO. 37 ENROLLED
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
direct the Louisiana State 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 Legislature of Louisiana as to
whether it is necessary to amend Louisiana's juvenile sentencing laws to comply with the
ruling in that case.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its
findings and recommendations to the Legislature of Louisiana no later than January 1, 2012.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES