Louisiana 2012 Regular Session

Louisiana House Bill HB519 Latest Draft

Bill / Engrossed Version

                            HLS 12RS-714	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 519
BY REPRESENTATIVE LOPINTO
PARDON/PAROLE: (Constitutional Amendment)  Merges the duties and functions of the
Board of Parole into the Board of Pardons and creates the committee on parole of the
Board of Pardons
A JOINT RESOLUTION1
Proposing to amend Article IV, Section 5(E) of the Constitution of Louisiana, to merge the2
duties and functions of the Board of Pardons into the Board of Parole; to create the3
Board of Pardons, committee on parole; to provide relative to the membership of the4
Board of Pardons; to provide for submission of the proposed amendment to the5
electors; and to provide for related matters.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state of8
Louisiana, for their approval or rejection in the manner provided by law, a proposal to9
amend Article IV, Section 5(E) of the Constitution of Louisiana, to read as follows:10
§5.  Governor; Powers and Duties11
Section 5.12
*          *          *13
(E) Pardon, Commutation, Reprieve, and Remission; Board of Pardons;14
Committee on Parole.15
(1) The governor may grant reprieves to persons convicted of offenses16
against the state and, upon favorable recommendation of the Board of Pardons, may17
commute sentences, pardon those convicted of offenses against the state, and remit18
fines and forfeitures imposed for such offenses. However, a first offender convicted19
of a non-violent nonviolent crime, or convicted of aggravated battery, second degree20 HLS 12RS-714	ENGROSSED
HB NO. 519
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are additions.
battery, aggravated assault, mingling harmful substances, aggravated criminal1
damage to property, purse snatching, extortion, or illegal use of weapons or2
dangerous instrumentalities never previously convicted of a felony shall be pardoned3
automatically upon completion of his sentence, without a recommendation of the4
Board of Pardons and without action by the governor.5
(2)  The Board of Pardons shall consist of five electors members appointed6
by the governor, governor and subject to confirmation by the Senate, and two at-7
large appointees, appointed by the governor, who shall only serve as members of the8
committee on parole for the Board of Pardons. Each member of the board shall serve9
a term concurrent with that of the governor appointing him.10
*          *          *11
Section 2. Be it further resolved that this proposed amendment shall be submitted12
to the electors of the state of Louisiana at the statewide election to be held on November 6,13
2012.14
Section 3. Be it further resolved that on the official ballot to be used at the election,15
there shall be printed a proposition, upon which the electors of the state shall be permitted16
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as17
follows:18
Do you support an amendment to merge the functions and duties of the19
Board of Parole into the Board of Pardons and create a committee on parole20
which shall be part of the Board of Pardons? (Amends Article IV, Section21
5(E))22
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)]
Lopinto	HB No. 519
Abstract: Merges the functions and duties of the Board of Parole into the Board of Pardons
and creates a committee on parole which shall be part of the Board of Pardons.
Present constitution provides for a Board of Pardons consisting of five electors appointed
by the governor. HLS 12RS-714	ENGROSSED
HB NO. 519
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed constitutional amendment merges the functions and duties of the Board of Parole
into the Board of Pardons and creates a committee on parole which shall be part of the Board
of Pardons.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 6, 2012.
(Amends Const. Art. IV, §5(E))