HLS 12RS-578 ORIGINAL
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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. 84
BY REPRESENTATIVE BADON
PARDON: Repeals the governor's authority to grant pardons to persons convicted of
offenses against the state and repeals statutory authority for the Board of Pardons
84 AN ACT1
To amend and reenact R.S. 15:572 and to repeal R.S. 15:572.1 through 572.7, 572.9, 573,2
573.1, 573.2, 574, and 574.1, relative to pardons; to repeal the authority of the3
governor to grant pardons; to repeal statutory authority for the Board of Pardons and4
provisions authorizing the issuance of pardons; to provide for first offender pardons;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:572 is hereby amended and reenacted to read as follows: 8
ยง572. Powers of governor to grant reprieves and pardons; automatic Automatic9
pardon for first offender; payment of court costs required10
A. The governor may grant reprieves to persons convicted of offenses11
against the state and, upon recommendation of the Board of Pardons as hereinafter12
provided for by this Part, may commute sentences, pardon those convicted of13
offenses against the state, and remit fines and forfeitures imposed for such offenses.14
Notwithstanding any provision of law to the contrary, the governor shall not grant15
any pardon to any person unless that person has paid all of the court costs which16
were imposed in connection with the conviction of the crime for which the pardon17
is to be issued.18 HLS 12RS-578 ORIGINAL
HB NO. 84
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CODING: Words in struck through type are deletions from existing law; words underscored
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B.(1) A first offender never previously convicted of a felony shall be1
pardoned automatically upon completion of his sentence without a recommendation2
of the Board of Pardons and without action by the governor.3
(2) No person convicted of a sex offense as defined in R.S. 15:541 or4
determined to be a sexually violent predator or a child predator under the provisions5
of R.S. 15:542.1 et seq. shall be exempt from the registration requirements of R.S.6
15:542.1 et seq., as a result of a pardon under the provisions of this Subsection.7
(3) Notwithstanding any provision of law to the contrary, no pardon shall be8
issued to a first offender unless that person has paid all of the court costs which were9
imposed in connection with the conviction of the crime for which the pardon is to be10
issued.11
C.B. For the purposes of this Section, "first offender" means a person12
convicted within this state of a felony but never previously convicted of a felony13
within this state or convicted under the laws of any other state or of the United States14
or of any foreign government or country of a crime which, if committed in this state,15
would have been a felony, regardless of any previous convictions for any16
misdemeanors. Convictions in other jurisdictions which do not have counterparts in17
this state will be classified according to the laws of the jurisdiction of conviction.18
D. C. On the day that an individual completes his sentence the division of19
probation and parole of the Department of Public Services and Corrections, after20
satisfying itself that (1) the individual is a first offender as defined herein and (2) the21
individual has completed his sentence shall issue a certificate recognizing and22
proclaiming that the petitioner is fully pardoned for the offense, and that he has all23
rights of citizenship and franchise, and shall transmit a copy of the certificate to the24
individual and to the clerk of court in and for the parish where the conviction25
occurred. This copy shall be filed in the record of the proceedings in which the26
conviction was obtained. However, once an automatic pardon is granted under the27
provisions of this Section, the individual who received such pardon shall not be28
entitled to receive another automatic pardon.29 HLS 12RS-578 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
E.D. Notwithstanding any provision herein contained to the contrary, any1
person receiving a first offender pardon under the provisions of subparagraph(1) of2
Paragraph (E) of Section 5 of Article IV of the Louisiana Constitution of 1974 and3
this Section may be charged and punished as a second or multiple offender as4
provided in R.S. 15:529.1.5
Section 2. R.S. 15:572.1 through 572.7, 572.9, 573, 573.1, 573.2, 574, and 574.1 are6
hereby repealed in their entirety.7
Section 3. The Louisiana State Law Institute is hereby directed to delete all statutory8
references to the Louisiana Board of Pardons contained in Louisiana law.9
Section 4. This Act shall take effect and become operative if and when the proposed10
amendment to Article IV, Section 5(E) of the Constitution of Louisiana contained in the Act11
which originated as House Bill No.____ of this 2012 Regular Session of the Legislature is12
adopted at a statewide election and becomes effective.13
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)]
Badon HB No. 84
Abstract: Repeals statutory authority for the La. Board of Pardons and repeals provisions
authorizing the issuance of pardons.
Present law provides for the authority of the governor to grant reprieves, commute sentences,
and pardon those convicted of offenses against the state.
Present law provides for the La. Board of Pardons and provides for the membership, powers,
and duties of the board. Further provides for the compensation and procedures applicable
to the board.
Present law provides procedures by which certain persons may apply for a pardon, provides
that sessions of the Board of Pardons are open to the public, prohibits certain forms of
communication with the board, and provides for the adoption of rules.
Proposed law repeals these provisions of present law.
Present law provides for an automatic first offender pardon with a recommendation of the
Board of Pardons and without action by the governor.
Proposed law retains these provisions of present law.
(Amends R.S. 15:572; Repeals R.S. 15:572.1-572.7, 572.9, 573, 573.1, 573.2, 574, and
574.1)