Louisiana 2012 Regular Session

Louisiana House Bill HB836

Introduced
3/12/12  
Refer
3/12/12  
Report Pass
3/28/12  
Engrossed
4/4/12  
Refer
4/9/12  
Report Pass
4/24/12  
Enrolled
5/7/12  
Chaptered
5/11/12  

Caption

Provides relative to the appearance by the Board of Pardons at certain sentencing hearings

Impact

The impact of HB 836 on state laws centers around the procedural aspects of how capital cases are managed. By eliminating the necessity for Board of Pardons members to attend sentencing hearings, the legislation potentially accelerates the court process for capital cases. The bill emphasizes the authority of the governor in granting reprieves, pardons, or commutations, indicating a shift in focus towards executive intervention rather than judicial oversight of these critical decisions.

Summary

House Bill 836 amends the Code of Criminal Procedure to address the requirements for the Board of Pardons during sentencing hearings in capital cases. The primary provision of this bill states that members of the Board of Pardons are not required to appear at these hearings. This change streamlines the process and reduces the logistical burdens associated with having board members present for every sentencing case, which proponents argue can lead to more efficient judicial proceedings.

Sentiment

General sentiment surrounding HB 836 appears to be supportive among legislators who view the bill as a practical adjustment to current procedural requirements. By simplifying the process and recognizing the governor's role, supporters argue it enhances the efficiency of the legal system. However, there may be underlying concerns from those who believe that the presence of the Board could provide necessary checks and balances during the sentencing phase. Overall, the response seems largely favorable without significant opposition noted during its passage.

Contention

Notable points of contention about HB 836 may arise from concerns regarding the implications of removing the Board of Pardons from sentencing hearings in capital cases. Critics might argue that this could diminish the oversight and deliberative process associated with life-altering decisions, such as death sentences. While the bill aims for efficiency, advocates for including the Board during these hearings may contend that their absence could lead to less informed jury decisions about the severity of sentencing and the use of executive clemency.

Companion Bills

No companion bills found.

Previously Filed As

LA HB999

In authorized disposition of offenders, further providing for sentence for murder, murder of unborn child and murder of law enforcement officer; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; in jurisdiction of appellate courts, further providing for direct appeals from courts of common pleas; in post-trial matters, further providing for postconviction DNA testing and for disposition and appeal; in sentencing, further providing for sentencing procedure for murder of the first degree; and, in execution procedure and method, repealing provisions relating to issuance of warrant.

LA HB888

In authorized disposition of offenders, further providing for sentence for murder, murder of unborn child and murder of law enforcement officer; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; in jurisdiction of appellate courts, further providing for direct appeals from courts of common pleas; in post-trial matters, further providing for postconviction DNA testing and for disposition and appeal; in sentencing, further providing for sentencing procedure for murder of the first degree; and, in execution procedure and method, repealing provisions relating to issuance of warrant.

LA HB49

Provides relative to the confidentiality of records from certain hearings of the Board of Pardons and committee on parole (EN SEE FISC NOTE LF EX)

LA SB0063

Board of Pardons and Parole Amendments

LA HB05221

An Act Concerning The Recommendations Of The Connecticut Sentencing Commission Regarding Lengthy Sentences For Crimes Committed By A Child Or Youth And The Sentencing Of A Child Or Youth Convicted Of Certain Felony Offenses.

LA HB0246

Board of Pardons and Parole Amendments

LA SB00796

An Act Concerning Lengthy Sentences For Crimes Committed By A Child Or Youth And The Sentencing Of A Child Or Youth Convicted Of Certain Felony Offenses.

LA SB2554

Juvenile sentencing; provide criteria for determining parole eligibility and require hearing before imposing life without parole.

LA HB3762

FIRST DEGREE MURDER-SENTENCING

LA HB319

Provides relative to the sentencing and parole eligibility of juvenile offenders convicted of first or second degree murder (OR DECREASE GF EX See Note)

Similar Bills

No similar bills found.