Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB113 Introduced / Bill

                    SLS 13RS-52	ORIGINAL
Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 113
BY SENATOR GALLOT 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS.  Provides relative to the LA Public Defender Board and certain employees. 
(gov sig)
AN ACT1
To amend and reenact R.S. 15:147(E), 149.2(B)(1) and (D), 154(A)(2) and (B)(1), and2
158(A)(3), relative to the Louisiana Public Defender Board; to provide for the status3
of persons who are employed by or serve under contract in a district public defender4
office; to provide for the number and location of board meetings; to provide for the5
qualifications and duties of certain employees; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:147(E), 149.2(B)(1) and (D), 154(A)(2) and (B)(1), and 158(A)(3)8
are amended and reenacted to read as follows:9
§147. Powers, duties, responsibilities10
*          *          *11
E. The executive staff, regional directors, and secretarial, clerical, and other12
personnel directly employed in the operations of the board shall be state employees.13
All other personnel employed or who serve under contract in a district office shall14
not be state employees 	and shall be considered local employees of the district. The15
Joint Legislative Committee on the Budget may approve other employees hired16
pursuant to the Louisiana Public Defender Act as state employees upon17 SB NO. 113
SLS 13RS-52	ORIGINAL
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
recommendation of the board.1
*          *          *2
§149.2. Offices; meetings3
*          *          *4
B.(1) Except as provided in Subsection C of this Section, in order to effect5
the implementation of the provisions of this Act, the board shall meet at least ten6
times per year until 2010, and thereafter meet at least eight four times per year.7
*          *          *8
D. The board shall conduct a majority of its meetings per year in East Baton9
Rouge Parish. The board shall conduct at least three meetings per year in parishes10
other than East Baton Rouge Parish.11
*          *          *12
§154. Deputy public defender-director of juvenile defender services; qualifications;13
duties14
A. The board shall employ a deputy public defender who shall act as the15
director of juvenile defender services and shall meet the following qualifications:16
*          *          *17
(2) Be an attorney licensed to practice law in the United States with at least18
five years of specific experience in the defense of juveniles in delinquency19
proceedings as a criminal defense attorney or in juvenile law and if licensed as an20
attorney in a state other than Louisiana, become licensed as an attorney in this state21
within one year of being employed by the board.22
B. The director of juvenile defender services shall:23
(1) Work with representatives of all three branches of state government and24
other Assist the state public defender in working with criminal justice25
stakeholders, including judges, district attorneys, sheriffs, probation officers, and law26
enforcement officials to promote sound juvenile justice policies in relation to fair27
adjudication processes, and placement and treatment of juveniles charged in28
delinquency proceedings that focus on rehabilitation of the offender.29 SB NO. 113
SLS 13RS-52	ORIGINAL
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
*          *          *1
§158. Juvenile justice compliance officer2
A. The board shall employ a juvenile justice compliance officer who shall3
meet the following qualifications:4
*          *          *5
(3) Be an attorney licensed to practice law in the United States with at least6
three years of experience as a criminal defense attorney or in juvenile law, or7
possess a master's degree in public administration from an accredited school or8
university and possess five years of progressively responsible experience conducting9
organizational assessments and, if licensed as an attorney in a state other than10
Louisiana, become licensed as an attorney in this state within one year of being11
employed by the board.12
*          *          *13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
Present law requires executive staff, regional directors, secretarial, clerical, and other
personnel directly employed in the operations of the LA Public Defender Board be state
employees. All other personnel employed or who serve under contract in a district office
are considered local employees of the public defender district. 
Proposed law removes requirement that non-board employees be local employees of the
district.
Present law requires the LA Public Defender Board to meet ten times per year until 2010,
and thereafter meet eight times per year. Requires at least three board meetings in parishes
outside of East Baton Rouge.
Proposed law reduces the required meetings from eight times per year to four times per year
and removes the requirement that three board meetings be held in parishes outside East
Baton Rouge. SB NO. 113
SLS 13RS-52	ORIGINAL
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law requires the director of juvenile defender services and the juvenile justice
compliance officer to have at least five years of specific experience in the defense of
juveniles in delinquency proceedings.
Proposed law removes such experience requirement and requires the director of juvenile
defender services and the juvenile justice compliance officer to have experience as a
criminal defense attorney or in juvenile law.  Further requires the director of juvenile
services to assist the state public defender.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:147(E), 149.2(B)(1) and (D), 154(A)(2) and (B)(1), and 158(A)(3))